Switching from a Spouse Visa to EU Settlement Scheme?

Hi everyone.

It is possible for Switching from a Spouse Visa to EU Settlement Scheme?
Please, can someone tell me if my wife can apply EU SETTLEMENT SCHEME (EUSS)in the UK with SPOUSE VISA or no?

She still needs FLR(M) and ILR which are not free. She is in the UK from Jan 2021 with Fiance Visa.


Many exception for EUSS and I am little confused.

I have read PDF and found this on other website:
If you started living in the UK after 31 December !!!
You can only apply to join your family member if you have:
an EEA or EU Settlement Scheme family permit - you must apply within 3 months of arriving in the UK
a residence card
a valid visa - for example, a work, study or family visa
***
***
***
Below are dates for our VISA/WEDDING/Status ...
.....
my wife is Non-eu citizen.
Our relationship started in 2015.
I am EU citizen settled in the UK before Jan 2021.
Fiance Visa: granted in Jan 2021 , applied in Nov 2020.
Wedding: May 2021 in the UK.
We did not apply EEA family permit or (how it was called) before June 2021 after wedding.
Spouse VISA: granted Aug 2021. Biometric residency permit which is not the same as A RESIDENCY CARD. Valid until Feb 2024.

We applied Fiance Visa instead EEA family permit before because we did not know if relationship was needed at least 2 years to live together in person.
Even we did not lived together, Fiance Visa was granted. We met before 2x on vacation.
My wife was waiting for divorce for long time.
I know that no fee for EUSS, but I am worried if EUSS is rejected, if it will be problem with extension SPOUSE VISE in Feb 2024.
I am asking on forum before we will ask agency where fee is from £400...
We will apply SPOUSE VISA for her daughter with agency. I am not sure if her daughter needs Spouse Visa or just EESS family permit is still possible.
I am worried for her daughter too if EUSS is rejected when her daughter will apply in the UK after EUSS family permit.
We are going to apply SPOUSE VISA for her daughter instead EUSS FAMILY PERMIT because I am not sure.
Many thanks

Marek

marh wrote: ↑

Thu Mar 09, 2023 3:41 am

my wife is Non-eu citizen.
Our relationship started in 2015.
I am EU citizen settled in the UK before Jan 2021.
Fiance Visa: granted in Jan 2021 , applied in Nov 2020.
Wedding: May 2021 in the UK.

The bottomline is that:

1. The start of the family relationship needs to have taken place before 31st December 2020.
2. Being in a boyfriend/girlfriend relationship in itself does NOT constitute a family relationship.

Couple relationships start to count as a family relationship either on wedding date, or when it becomes 'akin to marriage', which is usually after cohabiting for 2 years AND having joint financial responsibilities. Everyone is different, and every application is considered on its own merits, but these two conditions can give you an idea of the level of commitment that is sought for the partner to be considered as "family".

Therefore, if you did not have an unmarried relationship akin to marriage before 31st December 2020, then she is not eligible.
A wedding date predating 2021 would be an easy way to qualify, but since you married in 2021, the condition is not met that way either.

We applied Fiance Visa instead EEA family permit before because we did not know if relationship was needed at least 2 years to live together in person.

If your relationship was not akin to marriage, as descibed above, then you did the right thing applying for a fiancee visa, since she would not have been eligible for the EEA route.

Even we did not lived together, Fiance Visa was granted. We met before 2x on vacation.

This is because these are completely different visas.

The unmarried parter EEA/EUSS route is granted to current family members, so it needs evidence of substantial family history (2+ years); while the fiancee visa is granted to future family members, so it requires lighter past evidence, and more emphasis is put on likelihood of future plans.

My wife was waiting for divorce for long time.

Do you mean she was married before and had to wait for her divorce to marry you?

I know that no fee for EUSS, but I am worried if EUSS is rejected, if it will be problem with extension SPOUSE VISE in Feb 2024.
I am asking on forum before we will ask agency where fee is from £400...
We will apply SPOUSE VISA for her daughter with agency. I am not sure if her daughter needs Spouse Visa or just EESS family permit is still possible.
I am worried for her daughter too if EUSS is rejected when her daughter will apply in the UK after EUSS family permit.
We are going to apply SPOUSE VISA for her daughter instead EUSS FAMILY PERMIT because I am not sure.
Many thanks

Again, unless you can prove that your relationship was akin to marriage BEFORE 31st December 2020, then no one here qualifies under the EUSS. You need to establish that first.