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Non-EU Family Member With Settled Status

Posted: Mon Feb 15, 2021 12:51 pm
by walker
Afternoon

I am hoping someone may be able to assist/advice in respect of the following situation:

A non-EU national has obtained Settled Status. She would now like her non-EU spouse to join her in the UK.

Is she able to use EEA/EU rules or would she have to apply under UK Immigration Rules (i.e. Appendix FM) ?

Re: Non-EU Family Member With Settled Status

Posted: Mon Feb 15, 2021 1:19 pm
by CR001
Is she able to use EEA/EU rules
No.
would she have to apply under UK Immigration Rules (i.e. Appendix FM) ?
Yes.

Re: Non-EU Family Member With Settled Status

Posted: Tue Feb 16, 2021 4:25 pm
by Zerubbabel
walker wrote:
Mon Feb 15, 2021 12:51 pm
Afternoon

I am hoping someone may be able to assist/advice in respect of the following situation:

A non-EU national has obtained Settled Status. She would now like her non-EU spouse to join her in the UK.

Is she able to use EEA/EU rules or would she have to apply under UK Immigration Rules (i.e. Appendix FM) ?
To makes it simple: you need an EU passport to use these rules. Having a residence under EU rules / EU Settlement Scheme doesn't make you EU citizen by proxy.

Re: Non-EU Family Member With Settled Status

Posted: Thu Feb 18, 2021 10:33 am
by walker
Thank you CR001 and Zerubbabel for you assistance.