SETTLEMENT FOR NON-EU, FAMILY OF A EU-CITIZEN

Hi

I'm a bit confuse what is going to apply for me once the UK leaves the EU. Not sure what guidance I need to be reading or what is the way for me to settle in the UK.

I'm a NON-EU citizen, I'm from Colombia. I'm married with a EU citizen. We've been married since 2015 and we have both been living here since. In 2020 my permit will expired. I'm not sure what application I will need to do, As far as I knew I had to apply for Indefinately Leave to Remind but since there is a new scheme for EU citizens, will that apply to us?

My husband was away 7 months from the UK last year for work reasons, will that affect us?

Thanks

Angie

angiealcazar wrote: ↑

Wed Feb 13, 2019 11:39 am

I'm a NON-EU citizen, I'm from Colombia.

Me too!

I'm married with a EU citizen. We've been married since 2015 and we have both been living here since.
In 2020 my permit will expired.

I gather you mean here that you have a BRC as the family member of a EU citizen. Can you confirm if my understanding is correct?

As far as I knew I had to apply for Indefinately Leave to Remind but since there is a new scheme for EU citizens, will that apply to us?

If you were a single Colombian citizen living in the UK with a UK visa, then yes, you would need to apply for ILR through the UK Tier immigration route. But since you are the family member of a EU national, before Brexit was a thing you could apply for a Permanent Residence card instead; now with Brexit, Permanent Residence will be replaced by the Settlement Scheme.

This new Scheme for EU citizens and their families will also grant you the same ILR, it's just a different name for a system more adapted for EU citizens. And yes, this is what you need to apply for, if you want to still live in the Uk after June 31 2021 (or December 31st if no deal).

All information is here: https://www.gov.uk/settled-status-eu-citizens-families

My husband was away 7 months from the UK last year for work reasons, will that affect us?

It won't affect your application for Pre-Settled status, and it could also not affect your further application for Settled status given the time: https://www.gov.uk/settled-status-eu-ci ... atus-means

Settled status
You’ll usually get settled status if you’ve:

started living in the UK by 31 December 2020
lived in the UK for a continuous 5-year period (‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:

one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
compulsory military service of any length

Hi Kamoe, thanks so much for answering.

Yes I have BRC as a family member of a EU citizen. (Spouse)

That is great news right? because before brexit I would had had to apply and pay for ILR as normal, but this new european scheme is for free. Wont cost anything, right?

But i dont understand, my husband is not been in the uk for continues 5 years as he left the UK for more than 8 months. And he will need to apply as well.

angiealcazar wrote: ↑

Wed Feb 13, 2019 4:06 pm

That is great news right? because before brexit I would had had to apply and pay for ILR as normal, but this new european scheme is for free. Wont cost anything, right?

Brexit has not substantially improved your options. Before Brexit, EU nationals and their family members could apply for Permanent Residence. It was probably never as famous as the Settlement Scheme is now, since EU nationals never had legal need for it (only non-EU family members). It was not free, but it was considerably cheap (only £65).

The Settlement Scheme costs £65 if you apply now, but you will get a refund, date to be announced.
If you apply after March 29th, it will be free.

But i dont understand, my husband is not been in the uk for continues 5 years as he left the UK for more than 8 months. And he will need to apply as well.

You can apply now for Pre-Settled status. The above text refers to when you eventually apply for Settled Status. That's why I'm saying that

It won't affect your application for Pre-Settled status, and it could also not affect your further application for Settled status given the time

.