Non-EU spouse rights if in the UK on a Tier 2 visa

Hi there,

My husband and I came to the UK just over a year ago, we were dating at the time. We are both from South Africa but I am EU national as well (I'm Portuguese). I already have my pe-settled status. He is here on a tier 2 general work visa. We recently got married and he has now applied for his pre-settled status but we don't know how long it will be for he receives it. Is he able to start working at another company while he waits for his pre-settled status as we are married or will he have to stick it out with his current company which has sponsored his work visa ?

Has anyone else been in this situation? How did you go about figuring all of this out?

Thank you

Nicola_DG wrote: ↑

Wed Apr 01, 2020 1:26 pm

Is he able to start working at another company while he waits for his pre-settled status as we are married...

If you're exercising 'treaty rights' (e.g. working), then legally yes, but most new employers will insist on seeing evidence of pre-settled status (or an imminent residence card had he applied for that). Just on the basis of your pre-settled status, he has to wait until he too has pre-settled status.