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Morning everyone.

I am going insane trying to figure out how this system works. Everything I read seems to contradict everything else. Everything I have been told on other forums such as Reddit, is different from what I have read and thought I understood on more formal websites. All I want to do is move to the UK! Can someone please Explain Like I'm Five what I am not understanding, and what I need to do to make the move?

Info:

Me - born and grew up in Northern Ireland. British and Irish citizenship. Been living in Canada since 2009. Have had a UK National Insurance # and bank account since the late 80s. Last time I worked in the UK was the end of 2008. Not able to meet the financial requirements of the UK Spouse visa, but due to a recent court ruling, from Aug 24 of this year dual British Irish citizens who were born in Northern Ireland are able to bring their spouses to the UK by exercising treaty rights as Irish citizens under the EU Settlement Scheme. This is what I am trying to do, under the EU Settlement Scheme, for my wife

My Wife - born and grew up in Canada. Holds no other citizenships, nor is she entitled to any, or any kind of ancestor visa etc for the UK (or anywhere else). Has never lived or worked outside Canada.

The problems in my understanding:

I think part of the problem is that I do not understand the fundamental nature of what this EU Settlement Scheme is. I see it as a visa, that my wife would apply for from Canada based on her relationship with me. She would be approved, send off her passport, get a visa in it, and then at some point the two of us would make the move to the UK. However people on Reddit are telling me this is not necessarily the case. So - what is the case? What is this "visa", how does it work, what do we get, do we send off passports and if not where is the proof of pre-settled status kept, which country do we apply from, if we need to apply from within the UK do we need to submit any proof of being in the UK prior to application and if so, who for - me or my wife, or both of us - and what counts as proof: will my Nat Ins # and bank account count, along with plane tickets and a stamp in my wife's passport, and if not, what?

Second problem is that I read on the UK Govt website that the scheme is valid until the end of June 2021 but again, everyone on Reddit keeps telling me that regardless of this fact we need to physically be in the UK on a permanent basis by the end of 2020 or else we are not eligible to apply. So which is correct, as the two statements seem to be contradictory. If the scheme is open until June 2021 why do we need to make the final move to the UK by the end of 2020? [Ideally we would like to make the final move around Easter of 2021]. So are we able to move in 2021 and still be eligible? Or do we really have to physically be in the UK permanently by the end of 2020? Can we move temporarily in 2020 and get the "visa" finalized so my wife has pre-settled status, then leave again and come back permanently in 2021?

So that's basically it. I guess what I'm looking for in addition to answers to the questions above explaining how this system actually works, is for someone to explain to me, Like I'm Five, step by step what I (we) need to apply for, when, where, and how.

Thank you all in advance.

Just go to the UK, have her enter the country as a tourist (no visa) and the two of you apply to the EU settlement scheme on the very first day of your arrival, first you then her, so she puts your reference number as her sponsor in her application. You should use your Irish passport in your application. Keep your boarding passes as proof that you are both actually in the UK.
You will not need to send your passport, it would be read through the chip in it by the mobile app used for the application.
She will not need to send her passport neither, but will have to do biometrics (fingerprints and picture) presenting her passport. Once approved she will receive a confirmation email, access to a government website to prove her pre-settled status, and in a couple days a biometrics residence card.
Hope this helps.

jmedina wrote: ↑

Wed Jul 08, 2020 11:52 pm

Just go to the UK, have her enter the country as a tourist (no visa) and the two of you apply to the EU settlement scheme on the very first day of your arrival, first you then her, so she puts your reference number as her sponsor in her application. You should use your Irish passport in your application. Keep your boarding passes as proof that you are both actually in the UK.
You will not need to send your passport, it would be read through the chip in it by the mobile app used for the application.
She will not need to send her passport neither, but will have to do biometrics (fingerprints and picture) presenting her passport. Once approved she will receive a confirmation email, access to a government website to prove her pre-settled status, and in a couple days a biometrics residence card.
Hope this helps.

Thank you that’s great info.

Do I need to apply though, because Irish people don’t need to apply for settlement status to live and work in the UK.

Also do you have any clarity on whether or not we have to be in the UK by the end of 2020, or if we have until June 2021?

I don't remember the application process by heart, but I guess there will be an option there to put that the sponsor is Irish.

You need to be here before 31 December 2020, last day of the Brexit transition period. June 2021 is the due date to apply to the scheme.

Here are some clarifications about Irish nationals and their non-EU family members:

Third party solicitor weblink removed by moderator

jmedina wrote: ↑

Wed Jul 08, 2020 11:52 pm

Just go to the UK, have her enter the country as a tourist (no visa) and the two of you apply to the EU settlement scheme on the very first day of your arrival, first you then her, so she puts your reference number as her sponsor in her application. You should use your Irish passport in your application. Keep your boarding passes as proof that you are both actually in the UK.
You will not need to send your passport, it would be read through the chip in it by the mobile app used for the application.
She will not need to send her passport neither, but will have to do biometrics (fingerprints and picture) presenting her passport. Once approved she will receive a confirmation email, access to a government website to prove her pre-settled status, and in a couple days a biometrics residence card.
Hope this helps.

Hi jmedina
Im in the process to apply for EUSS family permit. However my wife pre settlement application is not yet approved. can i still apply for euss family permit or do i need to wait until her application is approved then I apply?
Thank you

jmedina wrote: ↑

Fri Jul 10, 2020 12:17 am

I don't remember the application process by heart, but I guess there will be an option there to put that the sponsor is Irish.

You need to be here before 31 December 2020, last day of the Brexit transition period. June 2021 is the due date to apply to the scheme.

Here are some clarifications about Irish nationals and their non-EU family members:

Third party solicitor weblink removed by moderator

Thank you I will have a look at that link

admin1 wrote: ↑

Fri Jul 10, 2020 4:45 pm

Hi jmedina
Im in the process to apply for EU Settlement Scheme family permit. However my wife pre settlement application is not yet approved. can i still apply for EU Settlement Scheme family permit or do i need to wait until her application is approved then I apply?
Thank you

Hi.
Yes, of course you can apply. In fact, it's what's recommended by the Government. First applies the EU National, and then applies the family member. They will ask your wife's application reference number, which she should have. I assume you are not in the UK yet, since you said EU SS Family Permit, right?

jmedina wrote: ↑

Sat Jul 11, 2020 1:11 am

admin1 wrote: ↑

Fri Jul 10, 2020 4:45 pm

Hi jmedina
Im in the process to apply for EU Settlement Scheme family permit. However my wife pre settlement application is not yet approved. can i still apply for EU Settlement Scheme family permit or do i need to wait until her application is approved then I apply?
Thank you

Hi.
Yes, of course you can apply. In fact, it's what's recommended by the Government. First applies the EU National, and then applies the family member. They will ask your wife's application reference number, which she should have. I assume you are not in the UK yet, since you said EU Surinder Singh route Family Permit, right?

Hi jmedina
Thanks for getting back. Yes i have her application number. Yes im not in the uk yet. Im in spain. No im not applying for eu surinder sing route. My wife is spanish national and she moved to the uk this month and im just applying to join her in the uk

So are we able to move in 2021 and still be eligible?

Eligible people who started living in the before Dec 31, 2020 have until June 2021 to apply.

But someone who came to the UK after Dec 31, 2020 won't be able to apply under the Scheme.

Zerubbabel wrote: ↑

Sat Jul 11, 2020 4:56 pm

So are we able to move in 2021 and still be eligible?

Eligible people who started living in the before Dec 31, 2020 have until June 2021 to apply.

But someone who came to the UK after Dec 31, 2020 won't be able to apply under the Scheme.

Presumably it is going to be replaced with something else then for after Dec 2020. Has that been detailed yet?

ScaramoucheJ wrote: ↑

Sun Jul 12, 2020 4:46 pm

Zerubbabel wrote: ↑

Sat Jul 11, 2020 4:56 pm

So are we able to move in 2021 and still be eligible?

Eligible people who started living in the before Dec 31, 2020 have until June 2021 to apply.

But someone who came to the UK after Dec 31, 2020 won't be able to apply under the Scheme.

Presumably it is going to be replaced with something else then for after Dec 2020. Has that been detailed yet?

Not yet really. Some points system I think. But eligibility criteria would be different. There will be no automatic edge to EEA nationals and their relatives.

Hello

My mum and step-dad are in the same position as the original poster of this thread.

My mum was born in Northern Ireland but has lived in South Africa for 40 years. She is married to a South African. They are retired now and have wanted to move to Northern Ireland for a long time now but could never satisfy the minimum financial requirements for a spousal visa.

This new "De Souza" route that opens on 24th August 2020 is a life saver for my parents and many people in that position BUT I worry that lots of people won't be able to get to the UK before the 31st December 2020 cut off because of the ban on international travel. I doubt very much that the government will extend the deadlines.

I have a couple of questions on the process if anybody can answer as I've read so much that also appears to be conflicting:

1. Who makes the application? The British Passport holder or the non EEA person? I know that the British Passport holder can make an application if they want to bring other family members over in the future but that is not the case here. My question is does the British Passport holder HAVE TO make the application or is it only the non EEA person?

2. I was reading the guidance issued by the Home Office to its caseworkers when deciding these applications. The guidance states that the applicant (presumably the non EEA citizen) needs to provide proof that the EEA citizen is resident in the UK for a CONTINOUS QUALIFYING PERIOD which began before 31st December 2020. Does anybody know what the continous qualifying period is? I thought that both my mum and dad could fly into the UK before 31st December 2020 and basically make the application the next day?

Sorry for the long post, I'm also rambling a bit.