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Non-EU marrying an EU under EUSS

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kofi75
Member
Posts: 176
Joined: Sun Dec 23, 2012 6:59 pm
Location: london

Non-EU marrying an EU under EUSS

Post by kofi75 » Fri Aug 04, 2023 1:55 pm

Good Afternoon,Please my brother is a student and his fiancee is from France and she is registered under the EU settlement scheme.They are planning to get married.My question is,Can he apply under the EU settlement scheme after the marriage for a pre settled status?
Thank you so much for the support and assistance.

meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Non-EU marrying an EU under EUSS

Post by meself2 » Fri Aug 04, 2023 1:59 pm

No, their relationship seem to have started after 2020, hence spouse route is the way to go.

If there are other information you think will help to decide better (for example, they were durable partners before the date), please provide that.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

secret.simon
Moderator
Posts: 11369
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non-EU marrying an EU under EUSS

Post by secret.simon » Sat Aug 05, 2023 8:05 am

In order to qualify for pre-settled status, your brother needed to have been a family member (such as a spouse) or a durable partner (generally expected to mean as living together in a relationship akin to marriage, with shared finances and bills, for at least two years) before 31st December 2020.

As they are not married, unless they were durable partners (with the two years of living together, with shared finances and bills) before 31st December 2020, your brother will need to go down the normal spousal visa route.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kofi75
Member
Posts: 176
Joined: Sun Dec 23, 2012 6:59 pm
Location: london

Re: Non-EU marrying an EU under EUSS

Post by kofi75 » Sat Aug 05, 2023 10:07 am

Thank you all for your priceless advice

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