non eu applying for pre settled with an expired family permit?

[oceancat]

Hi,

As the title says will it be ok for my non eu partner to apply for pre settled with an expired family permit?
It has been expired with over a month will this be ok?

Thanks

[kamoe]

It has been expired with over a month

Are they your unmarried partner?
What's their nationality?
Do they have any other visa or leave to remain in the UK?

[oceancat]

It has been expired with over a month

Are they your unmarried partner?
What's their nationality?
Do they have any other visa or leave to remain in the UK?

yes married
vietnamese
don't have no other visa just an expired family permit

[kamoe]

yes married
vietnamese
don't have no other visa just an expired family permit

As you used the word 'partner' I thought you were unmarried, in which case you would have an overstayer issue. But since you are married, your spouse has the right to be in the UK as long as you are exercising treaty rights, no matter if they have a valid Family Permit or not. Also, you don't need a Family Permit to apply for the Settlement Scheme, so the fact that theirs is expired represents to issue at all.

[oceancat]

yes married
vietnamese
don't have no other visa just an expired family permit

As you used the word 'partner' I thought you were unmarried, in which case you would have an overstayer issue. But since you are married, your spouse has the right to be in the UK as long as you are exercising treaty rights, no matter if they have a valid Family Permit or not. Also, you don't need a Family Permit to apply for the Settlement Scheme, so the fact that theirs is expired represents to issue at all.

Thanks for your reply that's great to know.

[richiesuk]

hello,

what if the family permit has expired but we are not in the UK ?
thanks

yes married
vietnamese
don't have no other visa just an expired family permit

As you used the word 'partner' I thought you were unmarried, in which case you would have an overstayer issue. But since you are married, your spouse has the right to be in the UK as long as you are exercising treaty rights, no matter if they have a valid Family Permit or not. Also, you don't need a Family Permit to apply for the Settlement Scheme, so the fact that theirs is expired represents to issue at all.