EU Permit or EU Settlement Scheme ?

[Sea_horse]

Hello Everyone,

I am Indian National currently in UK on marriage visitor visa to marry my EU national fiance. Due to Covid our marriage has been postpone to next month.I will be going home soon after my marriage as my current visa doesn't allow me to stay more than 6 months. I wanted to ask in order for me to come back to the UK and live with my future wife do I apply for EU Family Permit or under the EU Settlement Scheme? My fiancé currently hold pre-settle status and have been living here for past 3 years.

[CR001]

Is your fiance an EU (non British) citizen?

[secret.simon]

And if a British citizen, were they born in Northern Ireland?

[Sea_horse]

Yes she is an EU National

[Sea_horse]

Guys,

Any suggestions ? I am confused that should I apply for EU family permit or EU settlement Scheme ?

[kamoe]

Back to basics:

Family Permits are temporary entry permits. Since they are entry permits, you can only apply abroad. So you apply for a Family Permit when your objective is to entry into the UK. It is granted for 6 months, so you are supposed to apply for a longer permit once you arrive in the UK.

Settled or Pre-Settled status under the EU Settlement Scheme are longer-term residence status. You apply for them when your objective is to stay longer term in the UK. Since they are longer term, you are usually supposed to apply from inside the UK.

So, the move is to apply for a Family Permit to enter, then to the EU Settlement Scheme once inside the UK, to extend the stay granted by the Family Permit.

If you are already inside the UK, then no point for a Family Permit; you can skip it and apply directly to Status under the Settlement Scheme.

If you are outside of the UK or have to travel outside the UK, then a Family Permit provides the obvious way of re-entry (again, you need to apply for status afterwards when back in the UK).

[kamoe]

I'm sorry, I just realised you might or might not qualify for the EU Settlement Scheme.

I should have asked you about your own immigration history first. Have you previously lived in the UK or elsewhere in cohabitation with your fiancée as unmarried partner? If not, then you are likely not eligible, since only family relationships that started before December 31st 2020 qualify under the Settlement Scheme. If you get married only in 2021 without prior history of durable cohabiting relationship (a fiancée doesn't count) then it's likely a no, I'm afraid.

[Sea_horse]

Kamoe, thank you for explanations. Please see further information below.

Since I am a seaman working 6-9 months contract I am staying with my fiancée during my vacation only (1-2 months). She is a non British, EU citizen staying in UK on a pre-settlement status. We are in a relationship since 2017 and were planning to get married in October 2019. However due to different reasons we had to postpone our marriage to next year.

Is this qualifying me for a settling under EU-settlement scheme after getting married?

Since the pandemic we had to further postpone our marriage as I was not able to get back from my vessel on time. Currently we have ceremony booked for beginning of March. Again, I am currently visiting UK on a Marriage Visitor Visa, so I need to go back to India.

Should I apply for re-entry on Family Permit or Family Visa?

My ultimate goal is to settle in UK together with my future wife.

[kamoe]

Since I am a seaman working 6-9 months contract I am staying with my fiancée during my vacation only (1-2 months). She is a non British, EU citizen staying in UK on a pre-settlement status. We are in a relationship since 2017 and were planning to get married in October 2019. However due to different reasons we had to postpone our marriage to next year.

Is this qualifying me for a settling under EU-settlement scheme after getting married?

Since your marriage did not take place before December 31st 2020, and since you have not cohabited consistently, it is very unlikely that you qualify for the EU Settlement Scheme.

Again, the official family relationship needs to have started before the end of the transition period, which has passed. You could try a shot if you had documented proof that you have tried to get married as early as 2019. But this is hit and miss, really. Ideally if you can proof that you have joint financial commitments or the joint care of a child, that is what usually compensate for not showing proof of previous 2-year-long cohabitation.

Since the pandemic we had to further postpone our marriage as I was not able to get back from my vessel on time. Currently we have ceremony booked for beginning of March. Again, I am currently visiting UK on a Marriage Visitor Visa, so I need to go back to India.

Should I apply for re-entry on Family Permit or Family Visa?

My ultimate goal is to settle in UK together with my future wife.

If the EU Family Permit does not work, as it is likely, then you would need a partner/spouse Family Visa through the general family member route outside of the EU Settlement Scheme. Questions regarding that route are best addressed in the Family Member section.