So you can applykhannn99 wrote: ↑Sun May 17, 2020 5:17 pmeke123 wrote: ↑Sun May 17, 2020 12:32 pmkhannn99 wrote: ↑Sun May 17, 2020 12:11 pmHi guys .. can anyone please tell me
If i can apply to EU SETTLEd/pre settled status as spouse of EU citizen. We both live in the UK and she works here. previously i got refused a residence card under EU Fm case back in 2018. Is it possible to apply under EU settled/pre settled status without any residence card or valid visa.
We are married and have a Polish marriage certificate. Along with certified english translation .
It's possible
Are you married or are you in a durable relationship
Please read the guidelines below
EU Settlement Scheme: evidence of relationship to an EU citizen
If you hold a valid document which confirms your right of permanent residence in the UK
You’ll not need to provide any evidence about your family relationship to an EU citizen if you have a valid permanent residence card issued to you under the EEA Regulations on the basis of your family relationship to that EU citizen.
If you hold a residence card as the family member of an EU citizen
If you have a valid biometric residence card (BRC) as a family member of an EU citizen which does not confirm your right of permanent residence in the UK, this will be accepted as evidence of your relationship to that person if it was issued to you on the basis of that relationship and that relationship continues to exist (or did so for the period of residence relied upon).
You can tell if it’s the right type of BRC if:
on the back it says ‘EU Right to Reside’at the bottom it says ‘Residence card of a Family member of a union citizen’ or ‘Residence card issued under the EEA regulations’
You’ll also need to provide evidence of:
the identity and nationality of that EU citizenthe continuous UK residence of that EU citizen
You’ll need to provide evidence of your family relationship to an EU citizen resident in the UK if:
your BRC was not issued to prove your family relationship to an EU citizenyour BRC was issued to prove your family relationship to an EU citizen but you’re now relying on a family relationship with a different EU citizenyou do not have a BRC
Documents you must provide to show evidence of your relationship to an EU citizen
You can upload evidence of your relationship in your application. This evidence can be scans or photos of documents. The Home Office can require you to submit the original document where it has reasonable doubt as to the authenticity of the copy relied upon.
If you’re their spouse or civil partner
You’ll only need to provide this evidence if you do not have a relevant document issued to you on the basis that you’re the EU citizen’s spouse or civil partner.
A relevant document here includes:
a family permita residence card
You must provide evidence of your marriage or civil partnership. Accepted forms of evidence include:
a valid document of record of a marriage or civil partnership recognised under the law of England and Wales, Scotland or Northern Ireland, such as a marriage or civil partnership certificatea valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004
If you’re their unmarried (durable) partner
You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EU citizen.
A relevant document here includes:
a family permit
a residence card
You must provide evidence that your durable partnership with the EU citizen continues to subsist.
The list below gives some examples but is not exhaustive. Each case will be considered on a case by case basis.
Evidence that you’ve lived together for at least the past 2 years:
bank statements or utility bills in joint names at the same addressresidential mortgage statement or tenancy agreement in joint namesofficial correspondence that links you at the same address
Evidence of joint finances, business ventures or commitments for at least the past 2 years:
tax returns, business contracts or investments
Evidence of joint responsibility for a child:
the child’s birth certificate which names both parentsa custody agreement showing that you’re living together and sharing parental responsibility
But it's better your wife applies first through the app.
Since she's EU it won't take long for hers to be granted and then you can apply online using your valid passport to prove your identity and also linking your application to hers ie when you're applying online for yours there's a place you'll need to enter her application number to make it easier for Home office to know it's you and I also believe you have NI number.
The app your wife need to apply with is called EU Exit:ID Document Checker and you can download it from Android play store version 6 and above and also on idiot-phone 7 and above. It's simple to use, hopefully she'll get hers withing a week or two and then you can apply.
I hope this helps.
All the best man.
