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Pre-Settled Application via EU spouse whilst in UK 6 months c-visa visitor
Posted: Fri May 24, 2019 7:29 pm
by Grodan
Hi,
I have searched but couldn't find my query in the answers before.
Is it allowed to apply straight for Pre-Settled Status whilst in the UK on a 6 month C-type visitor visa?
EU spouse has been here since April, child is also EU citizen and in the UK. Mother had permit in EU country of origin and applied for c-type visitor visa and was granted a multi trip six month visa. With that visa is she allowed to apply for Pre-Settled straight or should they exit UK together and return and ask for the no time limit stay stamp as per EEA Regulations 2016, which certainly allows for people to change their visa types whilst in the UK.
If she is allowed to convert that visa in the UK for Pre-Settled I guess it is advisable for EU spouse to apply first then, he applies for his child linking it with his application, so she then can apply and link hers to their applications.
Re: Pre-Settled Application via EU spouse whilst in UK 6 months c-visa visitor
Posted: Sun May 26, 2019 11:05 pm
by Grodan
Anyone?
Can C-type 6 month visitors visa be changed whilst in the UK or is leaving the UK and returning with a EU 2016 Regulations stamp required?
Re: Pre-Settled Application via EU spouse whilst in UK 6 months c-visa visitor
Posted: Mon May 27, 2019 6:02 am
by secret.simon
Grodan wrote: ↑Sun May 26, 2019 11:05 pm
Can C-type 6 month visitors visa be changed whilst in the UK
I think it is possible if the spouse is an EEA citizen.
Appendix EU of the UK Immigration Rules wrote:EU14. The applicant meets the eligibility requirements for limited leave to enter or remain where the Secretary of State is satisfied, including (where applicable) by the required evidence of family relationship, that, at the date of application, condition 1 or 2 set out in the following table is met:
Condition is met where:
1. (a) The applicant is:
(i) a relevant EEA citizen; or
(ii) a family member of a relevant EEA citizen; or
(iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
(iv) a person with a derivative right to reside; or
(v) a person with a Zambrano right to reside; and
(b) The applicant is not eligible for indefinite leave to enter or remain under this Appendix solely because they have completed a continuous qualifying period of less than five years
Re: Pre-Settled Application via EU spouse whilst in UK 6 months c-visa visitor
Posted: Mon May 27, 2019 6:58 am
by doury
Grodan wrote: ↑Fri May 24, 2019 7:29 pm
Hi,
I have searched but couldn't find my query in the answers before.
Is it allowed to apply straight for Pre-Settled Status whilst in the UK on a 6 month C-type visitor visa?
EU spouse has been here since April, child is also EU citizen and in the UK. Mother had permit in EU country of origin and applied for c-type visitor visa and was granted a multi trip six month visa. With that visa is she allowed to apply for Pre-Settled straight or should they exit UK together and return and ask for the no time limit stay stamp as per EEA Regulations 2016, which certainly allows for people to change their visa types whilst in the UK.
If she is allowed to convert that visa in the UK for Pre-Settled I guess it is advisable for EU spouse to apply first then, he applies for his child linking it with his application, so she then can apply and link hers to their applications.
Re: Pre-Settled Application via EU spouse whilst in UK 6 months c-visa visitor
Posted: Mon May 27, 2019 7:02 am
by doury
You can apply for eu settlement even you have a visitor visas you can call the eu resolution center my wife have the same situation and they told me she can apply the eu settlement work different as normal immigration they use discretion