Pre-settled status EU settlement scheme

Hi all,

I am getting in touch with you with an enquiry about the (future?) validity of my marriage.

I am a German citizen living in London since September 2018. I already applied for the EU settlement scheme and received pre-settled status. I intend to stay in the UK and build a life here, if that matters.

A few months ago, I met my current girlfriend, who is South Korean and here on a 2 year working holiday visa due to expire next July. We both have full time jobs.

Given that we love each other dearly (I am convinced she is the love of my life), I have decided I want to marry her.

Now, my issue is as follows: due to the imminent threat of a no deal brexit as well as that we are under the impression that even a deal would not protect marriages formed after the date of brexit, we are planning on marrying before the 31st of October.

Since we are also under the impression that getting that marriage approved by the Home Office could take longer than than we need and it's uncertain they would even allow us to marry right now (the relationship is only a few months old and we do not live together etc.), we are planning on marrying in the USA (probably Las Vegas), which seems to be a relatively uncomplicated process and should be recognized in the UK.

I am planning on putting her name on my lease agreement, utility bills, having her move in with me and opening a joint bank account right after that, essentially living as a regular married couple. Also, we are going to visit my parents next week, so they get to know her before we go ahead with the marriage.

Now, on to my actual query: our plan is that she apply to the EU Settlement Scheme as my spouse next June, and we will obviously have all of the paperwork and our recorded history in case we are called in for an interview. Does all of the above make sense to you? Could anyone with a similar experience confirm that it is likely she will also get granted pre-settled status?

Would appreciate anyone that chimes in, to be honest this is incredibly important to me and the uncertainty of whether I will be able to keep the person I love around me is keeping me up at night and gnawing away at my mental health. Thank you!!!

Mooked wrote: ↑

Sat Sep 14, 2019 2:17 pm

Now, my issue is as follows: due to the imminent threat of a no deal brexit as well as that we are under the impression that even a deal would not protect marriages formed after the date of brexit, we are planning on marrying before the 31st of October.

Deal or no deal, Brexit or no Brexit, you are already living in the UK, and have pre-settled status. And you have secured this regardless of your marital status. Given your intended timeline (well before the application deadline of December 2020) your future wife's chances of getting leave in the UK as your spouse has nothing to do with when your wedding takes place. It will be determined solely on your ability to submit reasonable evidence that your relationship is genuine at the time of application.

So even in a no-deal scenario crash exit apocalypse on October 31st, your marrying her before or after that date will have zero impact on her application.

Since we are also under the impression that getting that marriage approved by the Home Office could take longer than than we need and it's uncertain they would even allow us to marry right now (the relationship is only a few months old and we do not live together etc.), we are planning on marrying in the USA (probably Las Vegas), which seems to be a relatively uncomplicated process and should be recognized in the UK.

Correct, you need to be prepared to allow more time than you think, just in case. And yes, you can get married anywhere in the word, doesn't have to be in the UK.

I am planning on putting her name on my lease agreement, utility bills, having her move in with me and opening a joint bank account right after that, essentially living as a regular married couple.

Perfect. Also set your bills to be paid from this account. The earliest you do all of this, the better.

Also, we are going to visit my parents next week, so they get to know her before we go ahead with the marriage.

Take good pictures and submit with her application.

Now, on to my actual query: our plan is that she apply to the EU Settlement Scheme as my spouse next June, and we will obviously have all of the paperwork and our recorded history in case we are called in for an interview. Does all of the above make sense to you?

Yes, perfect and very well planed.

Could anyone with a similar experience confirm that it is likely she will also get granted pre-settled status?

If she's your legal wife, and you both have been living together in the UK at the time of application, she will get it.

kamoe wrote: ↑

Thu Sep 19, 2019 4:09 pm

Given your intended timeline (well before the application deadline of December 2020) your future wife's chances of getting leave in the UK as your spouse has nothing to do with when your wedding takes place. It will be determined solely on your ability to submit reasonable evidence that your relationship is genuine at the time of application.

So even in a no-deal scenario crash exit apocalypse on October 31st, your marrying her before or after that date will have zero impact on her application.

I thought I'd clarify this to avoid misinterpretation for anyone reading. The above is true because the OP has expressed their intention to both get married and apply by June 2020. If either the wedding or the application was later than December 2020, then it would be a different story, and dates and deal/no deal would be very relevant, as follows:

According to policy paper here, page 4, paragraph 12:

In a no-deal scenario, a EU citizen with settled or pre-settled status can bring family members (e.g. family members can apply to the Settlement Scheme):

By March 29th 2022, if the relationship started before Brexit date
By December 31st 2020, if the relationship started after Brexit date

In this case, I believe it is reasonable to assume the start of the relationship means the wedding date.

So there would be an issue if the OP's intended wedding and application dates were in 2021, for example, but since all is planned to take place before the end of 2020, exact wedding date does not matter.

kamoe wrote: ↑

Thu Sep 19, 2019 6:45 pm

According to policy paper here, page 4, paragraph 12:

In a no-deal scenario, a EU citizen with settled or pre-settled status can bring family members (e.g. family members can apply to the Settlement Scheme):

By March 29th 2022, if the relationship started before Brexit date
By December 31st 2020, if the relationship started after Brexit date

In this case, I believe it is reasonable to assume the start of the relationship means the wedding date.

So there would be an issue if the OP's intended wedding and application dates were in 2021, for example, but since all is planned to take place before the end of 2020, exact wedding date does not matter.

Thank you kamoe, really appreciate you taking the time out of your day to write this response. We visited an immigration lawyer and she told us pretty much the same thing, so your logic is definetly sound...

So reassuring to hear that. It is a horrible feeling that you might be at risk of losing your right to reside / the person you love, so hearing that greatly reassures me and allows me to do things the way it should be, i.e. to take things at a more leisurely pace and focus on building a solid relationship, as opposed to weighing it down with all of this paranoia and bureaucracy.

Thank you so much!!

Hello Mooked,

Any chance you could get in touch with me if you see this please?

My situation is quite similar to yours and I am really lost. Please if you could give me a hand I would really appreciate it.

Thank you,

Irea

ireavic wrote: ↑

Fri Oct 18, 2019 5:54 pm

Hello Mooked,

Any chance you could get in touch with me if you see this please?

My situation is quite similar to yours and I am really lost. Please if you could give me a hand I would really appreciate it.

Thank you,

Irea

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