Immigrationboards.com

Hi All,

I just wanted to ask, I have a UK address and bank account, i am applying for jobs in teh UK but still havent moved fully there as the covid situation is still a bit unsetteled however, i am in belgium as i am staying with my non-EU partner as i don't want to leave him alone in this situation however, i am applying for jobs in the UK at the momnet, can i apply for teh pre-settlement scheme using my UK address while am in belgium and if granted i apply for the EUSS Family permit for my husbend to be able to move together?

Amgody02 wrote: ↑

Mon Nov 02, 2020 9:07 am

can i apply for teh pre-settlement scheme using my UK address while am in belgium

You can lodge an application while in Belgium, but wether your application is successful or not, depends on wether you can prove that you are resident in the UK.

There has been a lot of discussion on this forum as to what 'residency' means. If you do not have a substantial history in the UK, like a National Insurance number and history of contributions (an old address and an inactive bank account might not do it), then it is likely you need to submit proof that you are/have been recently physically in the UK for at least one day (e.g. travel tickets). Again, this is the very minimum and your application could present difficulties if asked for further proof. Every case is different.

and if granted i apply for the EUSS Family permit for my husbend to be able to move together?

Is he your unmarried partner or your husband? Key difference.
If you are married and you get the pre-Settled Status, then his application for a Family Permit will be straightforward.
If you are unmarried it's a whole different story.

kamoe wrote: ↑

Mon Nov 02, 2020 11:54 am

Amgody02 wrote: ↑

Mon Nov 02, 2020 9:07 am

can i apply for teh pre-settlement scheme using my UK address while am in belgium

You can lodge an application while in Belgium, but wether your application is successful or not, depends on wether you can prove that you are resident in the UK.

There has been a lot of discussion on this forum as to what 'residency' means. If you do not have a substantial history in the UK, like a National Insurance number and history of contributions (an old address and an inactive bank account might not do it), then it is likely you need to submit proof that you are/have been recently physically in the UK for at least one day (e.g. travel tickets). Again, this is the very minimum and your application could present difficulties if asked for further proof. Every case is different.

and if granted i apply for the EUSS Family permit for my husbend to be able to move together?

Is he your unmarried partner or your husband? Key difference.
If you are married and you get the pre-Settled Status, then his application for a Family Permit will be straightforward.
If you are unmarried it's a whole different story.

I was thinking to go this week and register in a GP, apply for the National insurance number to use this as well as a proof then apply for the pre-settlement in December, is this a better idea?

And yes, we are married, I wanted to ask as well, can he travel with me now to the UK without applying for a visa or does he needs to apply for tourist visa to come with me? he is a non-EU citizen but we have been married for 5 years and he has his family reunion visa from Belgium.

Amgody02 wrote: ↑

Mon Nov 02, 2020 3:35 pm

I was thinking to go this week and register in a GP, apply for the National insurance number to use this as well as a proof then apply for the pre-settlement in December, is this a better idea?

In general terms this is a better idea, yes.

You could technically apply as soon as you have landed in the UK and have proof of your presence in the UK (arrival stamp on passport, and used boarding pass). But these are the bare bone minumum requirements and might get you a Pre-Settled Status. However, there is no guarantee these will be enough, so even if you do apply with these minimum, by all means go ahead and arrange the activities that will more strongly prove your UK residence. You might or might not be asked for further proof, so better to be proactive.

And yes, we are married, I wanted to ask as well, can he travel with me now to the UK without applying for a visa

If you are a Belgian citizen living in Belgium, and if he is a visa-required national, then according to the Gov.uk visa checker he needs to apply for a Family Permit first.

If you want to travel together to the UK, then he can apply now for a EEA Family Permit.
If you want to travel first, then him, he can apply for a EU Settlement Scheme Family Permit, once you have obtained Pre-Settled Status.

In either case, he could apply for the EU Settlement Scheme once you are both in the UK, and you have applied first.

or does he needs to apply for tourist visa to come with me?

First, you are not supposed to use tourist visas as an immigration route. The way for him is a family permit.
Second, I very much doubt he would be issued a tourist visa to travel in 2020 anyway, given the current climate.

he is a non-EU citizen but we have been married for 5 years and he has his family reunion visa from Belgium.

Again, if you are a Belgian national his family reunion visa is not an Article 10 card, and thus does not exempt him from a visa to come to the UK.