Pre settled status and sponsering non eu wife

[Ayesha0044]

my husband non eu , can he sponser me with his pre settled status?am non eu from Pakistan.
He is living with his eu national son in uk and have court custody letter of his eu national son from court.

[CR001]

my husband non eu , can he sponser me with his pre settled status?am non eu from Pakistan.
He is living with his eu national son in uk and have court custody letter of his eu national son from court.

No he cannot sponsor you until he has PR or Settled Status.

Only an EU citizen can sponsor a dependent.

[Ayesha0044]

But can we explain in cover letter with visa application that he has eu national son custody he cannot come Pakistan bcz his ex eu national wife have to visit her son every weak and she don't want him to come Pakistan even in Holidays. So he is primary carer of his son and primary carer of me also.I am his dependent.i have money transfer slips.

[CR001]

Your husband cannot sponsor you as he is not an EU citizen. Once he has settled status, then he can be your sponsor under the UK immigration rules spouse visa.

You were also given all this advice already when you asked the same question in January this year.

eea-route-applications/non-eu-wife-of-c ... l#p1734083

[askmeplz82]

Because he is not an EU CITIZEN / PERMANENT RESIDENT / BRITISH CITIZEN he can't sponsor you now at all. If you really want to stay close to him now then You can come here under UK immigration route TIER 4 ( student visa ) and then when your husband acquired PR OR ILR he can then sponsor you under UK IMMIGRATION ROUTE

He can not use EU ROUTE

[Ayesha0044]

Thanks for kind reply.
But solicitors said that my husband have retained right of residence independently and now he will apply for presettled status.aftet presettled status he could apply for my visa.
My husband need solicitor help to apply for presettled status or he can apply online without any help?

[CR001]

Thanks for kind reply.
But solicitors said that my husband have retained right of residence independently and now he will apply for presettled status.aftet presettled status he could apply for my visa.
My husband need solicitor help to apply for presettled status or he can apply online without any help?

The solicitor is wrong. He needs settled status not pre settled status before he can sponsor you for a UK spouse visa if you meet all the requirements

[Ayesha0044]

Thanks CR001.
He have to send documents copy to home office by post or just have to apply online for pre settled status ??

[askmeplz82]

Thanks CR001.
He have to send documents copy to home office by post or just have to apply online for pre settled status ??

Online or Via Android App. He can not sponsor anyone now. He can only Sponsor when he have SETTLED STATUS / PERMANENT RESIDENCY / ILR but under UK immigration route ( not EU route ) .

Solicitor is not giving you right information .

[Ayesha0044]

Thanks for kind reply.
Solicitors said he can try under "eu settlement scheme family petmit "on base of his eu national son custody.

[askmeplz82]

Here in the UK some lawyers find questionable ways to squeeze money out of clients. Some are legal, some aren't. Good Luck but he even don't know what category he is applying .

If he is trying to apply extended family member then look what it says on the HOME OFFICE website

[CR001]

Here in the UK some lawyers find questionable ways to squeeze money out of clients. Some are legal, some aren't. Good Luck but he even don't know what category he is applying .

If he is trying to apply extended family member then look what it says on the HOME OFFICE website

The OPs spouse has retained rights of residence after divorce from EU spouse.

[Ayesha0044]

Lawyer said that 60 to 70% chances for my visa. Because it's mention on my husband decision letter that he should be self sufficient or employed in uk and he should not become burden on uk system.
So lawyer said he can apply for my visa if he have tax payslips and medical insurance and he have to prove he is not burden on uk system and he is living because of his eu national son bcz he is in education in uk and I am also dependent on him so he have to live close to me also, he cannot come Pakistan bcz of his son.
My be home office show kind behaviour with us.because he will not take any benefits etc in uk just he will work and give tax.