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non eu applying for pre settled with an expired family permit?
Posted: Fri Apr 05, 2019 10:02 pm
by 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
Re: non eu applying for pre settled with an expired family permit?
Posted: Sat Apr 06, 2019 10:30 am
by kamoe
oceancat wrote: ↑Fri Apr 05, 2019 10:02 pm
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?
Re: non eu applying for pre settled with an expired family permit?
Posted: Sat Apr 06, 2019 12:10 pm
by oceancat
kamoe wrote: ↑Sat Apr 06, 2019 10:30 am
oceancat wrote: ↑Fri Apr 05, 2019 10:02 pm
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
Re: non eu applying for pre settled with an expired family permit?
Posted: Sat Apr 06, 2019 12:27 pm
by kamoe
oceancat wrote: ↑Sat Apr 06, 2019 12:10 pm
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.
Re: non eu applying for pre settled with an expired family permit?
Posted: Sat Apr 06, 2019 1:07 pm
by oceancat
kamoe wrote: ↑Sat Apr 06, 2019 12:27 pm
oceancat wrote: ↑Sat Apr 06, 2019 12:10 pm
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.
Re: non eu applying for pre settled with an expired family permit?
Posted: Mon Feb 03, 2020 3:07 pm
by richiesuk
hello,
what if the family permit has expired but we are not in the UK ?
thanks
kamoe wrote: ↑Sat Apr 06, 2019 12:27 pm
oceancat wrote: ↑Sat Apr 06, 2019 12:10 pm
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.