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Hello,
I arrived to the UK with my married partner on March 2018. I received a Tier 2 General visa and my partner received Tier 2 Partner visa (we were both at that time not EU citizens).
We both also received BRP cards after arriving to the UK.

On February 2019, I was able to acquire an EU citizenship after a two years process.

Since I want to leave my employer in a year or so I am trying to figure out what should I do.
I understand that my EU citizenship does not require a sponsorship anymore but if I leave my employer, my partner work visa will not be eligible anymore.
I tried finding an answer but there are some things I'm not sure about:

1. Does my partner need to apply for a new resident card?

2. Do we need to apply for the new EU pre-settled scheme instead? if yes does my partner first need a resident card and only after having a resident card can we apply for the new schema?

3. If there is no need for my partner to first apply for resident card does it mean he will get a new resident card if the new schema application is approved?

Thanks

Daniel577_1 wrote: ↑

Mon Apr 29, 2019 1:00 pm

1. Does my partner need to apply for a new resident card?

Yes. Either a Resident Card under EEA regulations, or Pre-Settled status. Better to do this ASAP, not wait until you resign. Since you are already a EU citizen there is no reason not to do this right now, no need to wait until your employer situation is about to change.

2. Do we need to apply for the new EU pre-settled scheme instead?

Yes, Either Pre-Settled status or the older EEA RC route. Some things to keep in mind are:

All EEA RC cards will expire in December 2020, and, as a EU citizen you and your partner need to apply for Pre-Settled Status before June 2021 anyways, so that might be an argument to go for that route straight away instead of the EEA RC.

However, bear in mind that, if your partner is from a country that requires entry visa to the Schengen States, the Pre-settled status card won't grant them visa free-entry to these countries when travelling together, e.g. if you both go on holiday to Spain, France, Italy, and any other Schengen country., in contrast with the EEA RC, which does grant this right.

There are pro's and cons, for each route, but ultimately which one you go for in 2019 it is up to you. Your partner can always apply for both (if so, then first EEA RC, then Settled Status as then they can use the Android App).

if yes does my partner first need a resident card and only after having a resident card can we apply for the new schema?

Not necessarily.

If your partner wants to apply for Pre-settled status using the Android app, then yes, they need first a biometric EEA RC, but otherwise they can always choose the Online+post option, without needing to obtain a EEA RC first.

If they decide to go for Pre-Settled status, best if you as the EU national applies first, then when you application is submitted, you can "attach" their application to your application, using your application number. There is a step in the process where the form asks if you have an application number to attach to, precisely for the case of non-EU nationals applying just after their EU national family members. Applications need to be made separately.

3. If there is no need for my partner to first apply for resident card does it mean he will get a new resident card if the new schema application is approved?

Yes. However, as explained above, this card won't grant visa-free entry to the Schengen states when travelling together, as the EEA RC does.

Thanks for the detailed answer!
everything is clear now