TA555 wrote: ↑Wed Jun 16, 2021 11:11 am
On the EU Settlement scheme family permit:
My take-away is that this route is not possible in our particular case as it would require that my partner quit her job, go abroad and then apply.
It is indeed not convenient, and possible only if her employer is flexible enough to let her work abroad for a few weeks (the FP is a 6-month entry permit and as such how long this takes depends on the country of application, but it is usually much faster than long-term permits).
On the qualification for 'durable' partner:
Fair point, but I think we have a good chance of qualifying for this (joint accounts, joint mortgage, shared address for 4+ years). Only thing we don't have going for us are children and a joint business!
You don't have to have children or have business ventures together to qualify. Joint tenancy/mortgage and bank accounts are enough evidence of your joint financial commitments.
That is not the right route. That is the route for all other nationalities, not EU nationals. You can apply through that route, but it is much more expensive. What's sad is that the Home Office will not let you know you have made a mistake and would let you apply regardless of the fact that the EU Settlement Scheme is a free alternative for you.
That being said the website is inconsistent with the application form on the sponsor's Pre-settled status. It states:
You can apply to remain in the UK as the family member, partner or child of a:
- British citizen
person settled (with indefinite leave to enter or remain) in the UK
person with pre-settled status under the EUSS in the UK
person who has refugee leave or humanitarian protection in the UK
person who has leave as a Turkish ECAA worker or business person in the UK
Yet, when completing the application, the forms requires that the sponsor selects one of the following:
- I am a British citizen
I am settled in the UK (I have indefinite leave)
I have leave to remain in the UK as a refugee / or as a person requiring humanitarian protection
Inconsistent indeed. I think, at the end of the day what matters is that both applicants apply. And that the dependant adds the application number of the sponsor, so both applications are linked.
On the EUSS:
I suppose we could take a chance and apply for this one instead as it gets her a Settled status immediately while she would have to wait a few years via the family route above
I doubt she will get Settled status immediately, why do you think that is the case?
Only time spent as family member of a EU national counts towards the 5 years. Time spent in any other category, including Tier categories DOES NOT count. There are numerous threads in this forum explaining that, as this is a common misunderstanding, of people thinking their work visa years count towards the 5 years for Settled Status. It does not.
So she needs to complete 5 years as the family member of a EU national. As unmarried partner, that clocks does NOT start when you started your cohabitation, but when she is issued her first document as your family member, in her case, her first status under the scheme. If she had had a EEA Residence Card her clock would have started when she was first issued that card, but that's not the case. So no, no advantage whatsoever time-wise here. She has 5 years ahead of her in any case.
Can I just check that if her application is declined it wouldn't impact her current Tier 2 visa situation? I don't think it does but just double-checking!
No, it will only be affected/cancelled if the application is successful, since she can't have two visas at the same time. If it is unsuccessful, no impact.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
