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Hello

I am trying to gather informations for my partner in Argentina in order to help her with the kind of visa she needs for UK.

I met her 3 years ago and we lived togheter more than 2 years in the UK. She was an overstayer, her visa was only for 3 months but she decided to stay more in the Uk. She left UK in october 2019 and she wants to come back.
I have indefinite leave to remain settled status, member of EU country, living in UK for more than 6 years and intend to marry her and we need to know what kind of visa she needs in order for her to come back in the UK. She is in Argentina right now and i need to know if a can do for her an application for family permit visa, or she must do it from Argentina?

Would you please give us a detailed scenario and steps to do ?

Thank you

niklas999 wrote: ↑

Fri Oct 16, 2020 9:31 am

I met her 3 years ago and we lived togheter more than 2 years in the UK. She was an overstayer

This very likely means you are not durable partners, therefore not family members, therefore not eligible for a Family Permit application.

Durable partners are not simply a couple that lives together, but a couple that shares joint financial responsibilities, and/or the care of a child. We are talking solid documented evidence of things like a joint bank account, a joint tenancy agreement, joint utility bills... Does this kind of evidence exists given she was an overstayer?

I have indefinite leave to remain settled status, member of EU country, living in UK for more than 6 years and intend to marry her and we need to know what kind of visa she needs in order for her to come back in the UK. She is in Argentina right now and i need to know if a can do for her an application for family permit visa, or she must do it from Argentina?

I see little change of a Family Permit application succeeding on the basis of your relationship as it is now. This is because of what I explained above, and because after she left the UK, seems like you have been in a long-distance relationship, so no cohabiting period to add. This can of course prove that you are a genuine couple eager to get married (future relationship), but makes a very weak case for an existing durable partnership (current relationship).

You will have much better chances if you apply after getting married (either in your country or in Argentina). As a EU citizen with Settled Status, you have the right to bring your married wife to the UK. The Home Office cannot deny her an entry permit and a right to stay, no matter the overstaying history.

Caveat is, to qualify for a EUSS Family Permit under the Settlement Scheme, you would need to get married before December 31st 2020, since the family relationship needs to have started before the end of the transition period, and as we have already established, your previous relationship history is likely not going to count.

thank you very much for the reply.

What if i merry her in 2021 in Argentina, and coming togheter in UK??

niklas999 wrote: ↑

Fri Oct 16, 2020 7:57 pm

thank you very much for the reply.

What if i merry her in 2021 in Argentina, and coming togheter in UK??

It's hard to make plans for 2021 in this quickly changing world.

In the UK, you don't have absolute right to bring you wife in. What you don't want is finding yourself in the situation where you would have to use British laws. Because these laws are not "user friendly" I would say.

niklas999 wrote: ↑

Fri Oct 16, 2020 7:57 pm

What if i merry her in 2021 in Argentina, and coming togheter in UK??

Since you describe yourself as EU citizen, I'm assuming you are not Swiss (the only nationality that has the advantageous deadline of Dec 2025). This means, if you do not get married before December 31st, then you will miss your chance to bring her under the Settlement Scheme, since, again, the relationship must have started (e.g. the wedding must have taken place) on or before Dec 31st to make you eligible to apply. Please read the section If you want to bring family members to the UK:

Bring family members to the UK after 31 December 2020
If you’re a citizen of an EU country, Iceland, Liechtenstein, Norway or Switzerland, you’ll be able to bring close family members to the UK after 31 December 2020 if both of the following apply:

• your relationship with them began before 31 December 2020

• you are still in the relationship when they apply to join you

Again, date of start of relationship here means wedding date, not date you started seeing each other, nor date you started living together; since she will become your family member only when you get married.

If you miss this deadline (if you get married in 2021), you will need to use the Family Visa open for all other nationalities (much more expensive, around £1.5K; much less forgiving of overstayers). As Zerubbabel said, you do not want to have to go down that route...:

If you cannot bring your family member under the EU Settlement Scheme, they may still be able to come here in a different way, for example on a family visa.

Dear moderators
Please someone respond to my question above as well
Thanks

Rukh786 wrote: ↑

Sat Oct 17, 2020 12:43 pm

Dear moderators
Please someone respond to my question above as well
Thanks

Do NOT tag your questions onto other topics that are irrelevant to your circumstances. Your post has been moved to its own topic, link below!!!

You also posted less than 2 hours ago. We are all unpaid volunteers on the forum. Wait for someone to respond if they wish to.

eea-route-applications/eu-family-permit ... l#p1950181