Immigrationboards.com

I'm currently on a Tier 2 residence permit and planning to marry my Romanian fiance in October. He got settled status in January this year. My plan is to apply for settled status as his spouse once we are married. Does it make a difference that I marry him after he got his settled status? Will I be expected to apply for the dependent visa instead?

CloudyNow wrote: ↑

Sun Jun 09, 2019 10:14 pm

Does it make a difference that I marry him after he got his settled status?

Regardless of his status, you are only eligible for Pre-Settled status, as you have not yet spent the required 5 years in the UK as the family member of a EU national.

You will be eligible for Settled Status 5 years after your wedding, if you are still married (or if you are then divorced but meet the relevant requirements for the then applicable legislation for retained rights of residence) and you are still in the UK.

Will I be expected to apply for the dependent visa instead?

Not sure what "dependent visa" you are talking about. This term is used for other immigration categories that do not apply for EU nationals and their families (British family members, and Tier visas).

As long as you include your husband's application number in your Settlement scheme application (there is space for that) this makes your application related, attached, and dependent on his.

kamoe wrote: ↑

Mon Jun 10, 2019 11:28 am

CloudyNow wrote: ↑

Sun Jun 09, 2019 10:14 pm

Does it make a difference that I marry him after he got his settled status?

Regardless of his status, you are only eligible for Pre-Settled status, as you have not yet spent the required 5 years in the UK as the family member of a EU national.

You will be eligible for Settled Status 5 years after your wedding, if you are still married (or if you are then divorced but meet the relevant requirements for the then applicable legislation for retained rights of residence) and you are still in the UK.

Will I be expected to apply for the dependent visa instead?

Not sure what "dependent visa" you are talking about. This term is used for other immigration categories that do not apply for EU nationals and their families (British family members, and Tier visas).

As long as you include your husband's application number in your Settlement scheme application (there is space for that) this makes your application related, attached, and dependent on his.

What if I prove that our relationship was serious before the marriage as well? He was added to my tenancy agreement in October 2018 (he practically moved into my place even before that but we can't prove it). Can't I gain at least 1 year by proving our marriage-like relationship started before the wedding? We also opened a joint account and get bills in both names.

Also is it better to have pre-settled status than Tier 2? Should I even bother converting my immigration status?

CloudyNow wrote: ↑

Mon Jun 10, 2019 12:14 pm

What if I prove that our relationship was serious before the marriage as well? He was added to my tenancy agreement in October 2018 (he practically moved into my place even before that but we can't really prove that). Can't I gain at least 1 year by proving our marriage-like relationship started before the wedding? We also opened a joint account and get bills in both names.

Nope.

The only time that counts is time spent legally as family member of a EU national, which can only be achieved by effectively living in the UK while either:

1) Being legally married to a EU national
2) Having a EEA Family Permit or a EEA Residence Card.

I am assuming that during the time you lived together you had a Tier 2 visa, which is neither of the above.

You could have accrued some time if, after living together for at least 2 years, you had applied for a EEA Residence Card as the unmarried partner of a EU citizen. You would have started counting time towards the 5 years on the date this card was issued to you . But you did not do this, and the above is not retroactive, so you cannot count any period you have lived together before your wedding.

If you could prove 2 years of cohabitation, you could in theory apply for a RC as unmarried partner now, but again, that will only effectively start counting time from the date they issue the card, not the date you started living together. You will start counting your time towards the 5 years required for Settled Status on the wedding date without doing anything else, and since you are getting married soon, there is no substantial advantage in applying for a RC now, in terms of your eligibility for Settled Status (but see my last paragraph).

Also is it better to have pre-settled status than Tier 2? Should I even bother converting my immigration status?

Generally speaking Pre-Settled status gives you more flexibility than Tier 2. For example, you can work for any employer you want with Pre-Settled status, which you usually can't do with Tier 2 (where you are usually tied to the company that sponsored your visa). Bottom line is, whom do you want your right to reside in the UK to depend on? Your husband, or your employer?

But... in your case, you will automatically be considered the family member of a EEA national on the date of your wedding. So if you do not want to terminate your Tier 2 visa before your are eligible for Settled status, once you are married you can apply for a EEA Residence Card, which will be valid until December 2020 and does not conflict with the tier system (contrary to Pre-Settled status, which I believe terminates any other visa you have outside of the EEA route).