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Hello, I have a few questions, tried to research it my self but I was confused so far.

I am a Croatian citizen living and working in the UK for now about almost a 1 year. I manage to get a pre-settlement status.

I have a girlfriend who is Kenyan and leaving here for 1.5 years. She is on Tier 2 Visa valid until 2022.

What is the requirement for here to stay here after that date? Do we need to be married for 2 years for here to get the pre-settlement status based on my possible marriage with me? Are there any other requirement or advice for my situation?

Thank you advance.

Speculator wrote: ↑

Fri May 31, 2019 8:59 pm

What is the requirement for here to stay here after that date? Do we need to be married for 2 years for here to get the pre-settlement status based on my possible marriage with me? Are there any other requirement or advice for my situation?

I assume you are asking what are her options if he wishes to continue her UK residence as your family member.

Broadly speaking, EU citizens and their family members still have the option to:

a) Apply for the old EEA Residence Card, and registration certificate. Then before December 2020, apply for the Settlement Scheme.

b) As you have done, skip the EEA route and apply directly for the Settlement Scheme.

There are pro's and cons of both options, detailed in this post.

Now, for her to be eligible to apply to stay in the UK as your family member, one of the two conditions has to apply:

1) You are married, with no minimum duration of the marriage (obviously, the longest the marriage the less ground you give the Home Office for treating it as a marriage of convenience).

2) You are not married, but living together for at least two years, in a relationship that is 'akin to marriage', that is, a relationship in which you share financial responsibilities (e.g. joint bank account, rent, mortgage, utility bills in joint names, or the care of a child).

Note that you cannot apply under condition No. 2 for Pre-Settled status if she does not already have the old EEA Residence Card, in other words, she cannot 'skip' the residence card and go for Pre-Settled status directly if you are not married. If she absolutely wants to 'skip' the EEA route and go for Pre-Settled status directly, then you need to get married (Also, if you are not already living together option No. 2 might be already impossible, as applications for EEA cards will be discontinued before December 2020.)

Thank you very much, you helped me a lot.