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Hello

I have a family member in the UK who has moved here from Spain, he is an EU national. He married in Pakistan to someone of a Pakistani nationality.

What documents are needed for him to call his Mrs to the UK? Is it the same as a UK national because of brexit?

ms1993 wrote: ↑

Sun Oct 17, 2021 12:27 pm

Hello

I have a family member in the UK who has moved here from Spain, he is an EU national. He married in Pakistan to someone of a Pakistani nationality.

What documents are needed for him to call his Mrs to the UK? Is it the same as a UK national because of brexit?

When did he first moved into the UK?
Does he have status under the Settlement Scheme?
When did they get married?

Answers to the questions above are relevant to identify the answer to your question.

Yes he has settled status in the UK. They arrived 2017. He married this year.

kamoe wrote: ↑

Sun Oct 17, 2021 3:35 pm

[quote=ms1993 post_id=2037414 time=<a href="tel:1634470030">1634470030</a> user_id=214729]
Hello

I have a family member in the UK who has moved here from Spain, he is an EU national. He married in Pakistan to someone of a Pakistani nationality.

What documents are needed for him to call his Mrs to the UK? Is it the same as a UK national because of brexit?

When did he first moved into the UK?
Does he have status under the Settlement Scheme?
When did they get married?

Answers to the questions above are relevant to identify the answer to your question.
[/quote]

I'm afraid if they got married only this year his wife is not eligible for the Settlement Scheme, as the family relationship needs to have started before December 31st 2020.

She needs to apply through the spouse visa, not the Settlement Scheme. So I'm not sure if this answers your original question, but yes, in a sense, they now need to follow the same process as if he was a UK national (no more EU route because of Brexit, yes).

kamoe wrote: ↑

Sun Oct 17, 2021 8:22 pm

I'm afraid if they got married only this year his wife is not eligible for the Settlement Scheme, as the family relationship needs to have started before December 31st 2020.

She needs to apply through the spouse visa, not the Settlement Scheme. So I'm not sure if this answers your original question, but yes, in a sense, they now need to follow the same process as if he was a UK national (no more EU route because of Brexit, yes).

Thank you Kamoe - kind of does answer my question that they will now need to follow UK spouse visa route rather than the settlement scheme

I’m sure I read somewhere that the deadline had been extended or have I made what up?

Others might correct me, but as I understand it, is not that the deadline for the Settlement Scheme has been extended but it's more like the HO is willing to consider late applications with reasonable grounds for having missed the deadline.

But in your friends case, the problem is not that they missed the application deadline, it's that they don't meet a condition that hasn't changed: family relationship needs to have started before December 31st 2020; that's not a deadline.