EEA Spouse FP application- better that they are 'pre-settled'?

A few points before my best guesses/ideas/questions below:

• I am a US citizen by birth and my wife of 2 years is a Greek citizen by birth

• I have a Greek Residence Permit

• She is a student on a 1-year masters program in the UK, she arrived in Sept 2018 without any special visa and has not applied for any residence permit

• We plan to leave the UK when she finishes in September 2019

• I joined in late 2018 on a visa-on-arrival (unsure the correct term) and will reach 180 days in the UK in late May. I have been warned not to overstay my 180 days.

----------------------------------------------

I feel that my best course of action is to fly to Greece in mid-May and apply for a Family Permit. I see that processing times are 94% in 15 days, meaning I should plan about 3 weeks for the process. This is obviously inconvenient given that we will only stay in the UK for four more months from mid-May, but I do have a free place to stay there

• Am I right thinking that this is the fastest/simplest way forward?

• Does it help or expedite my application if she applies for 'pre-settled status' before I submit my application?

I have been told that I can apply for a Residence Permit here in the UK and have a good chance to get it. This was from both an acquaintance and also a solicitor (asking for about 1500 to undertake the process for me). I have seen others in these forums doing this process themselves (without a solicitor) with success but am unsure if this is right for me.

• Should I already have a FP visa to apply for this? Most that I see already have this

My other idea was to simply overstay my 180 days and apply for the FP during our trip to Greece in June-July for a wedding. This would eliminate my having to make 2 trips but I fear that the overstay may affect my application.

• Can anyone confirm that this is indeed a bad idea?

We were also advised that she should apply for the pre-settled status as it is free.

• Given that it is free and straightforward, is there any downside to this? or anything to consider for the timing of her application and mine?

Finally and most cheekily... I have to apply while outside of the UK, but want to minimize my time outside of the UK:

• does anyone know what happens to those who apply just before leaving the UK? I assume submitting the day that I fly is probably OK, but a few days before....

Hi all,

In applying for a Family Permit (I'm a US citizen, she's Greek), is there a difference between using visas-immigration.service.gov.uk
or www.visa4uk.fco.gov.uk ??

Thanks

Hi all,
Is it feasible to apply for a RC as the spouse of an EEA national from inside of the UK if you are not in the UK on a FP? I am here as a US citizen visa-on-arrival.

Thanks!

Hi all,

My wife is a Greek citizen and I'm a US citizen. She's a masters student in the UK. I am here with her on a visa-on-arrival and I plan to travel to Greece to apply for a FP.

• Does anyone know if it will expedite or generally make my application less painful if she applies for Pre-Settled status instead of simply being a student here in the UK?

Thanks!

"This was from both an acquaintance and also a solicitor (asking for about 1500 to undertake the process for me"

OMG you don't have to pay anything it's a simple application

Can you send your question to EU SETTLEMENT SCHEME TEAM. They will reply in 2/3 days. before you do anything..

https://eu-settled-status-enquiries.ser ... v.uk/start


If HOME OFFICE REPLY YES . then you both can apply for Pre settled status together . But don't tell home office your wife planning to leave in september 2019. It's not required to tell me what is your future plan

You need marriage certificate . if it's english then just upload them online. If it's not in english then you need certified copy of that marriage certificate

For pre settled application

- marriage certificate
- her residency proof and your residency proof
- You need to book an appointment for fingerprint and picture taken. when you fill out the application form it will tell you where to go

If you are refused PRE SETTLEMENT then you can apply for EEA Residence card . But in this case you and your EEA family member both need COMPREHENSIVE SICKNESS INSURANCE if she is only studying ( not working and studying )

The reason i said that because under EU law 2006 anyone can apply for EEA RESIDENCE CARD if you are married to an EU national in the UK or OUTSIDE . your past immigration history not important. You can be illegal / you can be on visit visa

Wow AskmePlz, thanks so much!

Can I ask a couple quick follow up questions? Because I'm making plans to fly to Greece to apply for a Family Permit but would of course prefer to stay here with my wife/save money.

When you say that we can apply for Pre-Settled Status together, is that true if I am not here on a Family Permit? Just on a Vistor/Tourist(?) visa? You do mention it at the bottom about this but it was about the RC.

Finally will I be able to travel when the process is happening?

Thanks again!

Actually from what I am reading, I need to have a Biometric Residence Card to apply with my wife...

greektragedy wrote: ↑

Thu May 02, 2019 10:48 am

When you say that we can apply for Pre-Settled Status together, is that true if I am not here on a Family Permit? Just on a Vistor/Tourist(?) visa? You do mention it at the bottom about this but it was about the RC.

It is true that for the EEA residence card you can do it regardless of your current visa status. This is because the rights are automatic, and the EEA RC only confirms this right.

I don't see anything on the HO website stating that you need an EEA RC to apply for settled status. It is true that it is easier and quicker to do if you do have it, as you'll be able to use the app instead of send in your passport.

I'd just go ahead and apply for the EU settlement Scheme with your wife.

greektragedy wrote: ↑

Thu May 02, 2019 11:50 am

Actually from what I am reading, I need to have a Biometric Residence Card to apply with my wife...

Hi.
You can apply any of both EEA RC or EU Settlement Scheme if you are on a visitor stamp. I wouldn't bother going outside the UK for a FP.
Looks like the easiest way is the EU SS, as no proof of exercising treaty rights is required.
She has to apply, write down the reference number of her application, and then you apply yourself linking your application to her's through her application reference number.
It is important to have an officially translated marriage certificate, proof of residence in the UK and some other proof of you both living together.

Regards,
Joaquín