Received settled status: what are my rights to marry non eu citizen and bring over as dependent ?

[Shaggyjd]

Hi there ,

I hope someone finds the time to give me some much needed advice. I have just received the email from EUSS team and they have granted me settled status. I went through the retained right route as I had been divorced from my eea partner. I am an Indian citizen and was planning to marry my current partner soon who is also an Indian citizen living in India. Can someone advice if I will be able to bring her over as a dependent on my settled status ? If yes , can someone please shed some light on the process and requirements ? Any other suggestions will be much appreciated. I thank all of you in advance for all the great work you do. This is a great forum.

[CR001]

You will need to apply for the more expensive spouse visa and meet the financial requirements and your new spouse will need to meet the English requirment.

https://www.gov.uk/uk-family-visa/partner-spouse

[Shaggyjd]

Also, can I bring my siblings or my parents over from India as dependents too to live in Uk ? Or will they only be allowed as visitors on tourist visas ?

Any advice on close family : brothers & parents rights based on my settled status would be great . Thank you guys.

[CR001]

Also, can I bring my siblings or my parents over from India as dependents too to live in Uk ?

No.

Or will they only be allowed as visitors on tourist visas ?

Yes, if the meet the requirements.

Any advice on close family : brothers & parents rights based on my settled status would be great .

You cannot sponsor your whole family based on the EU settled status route. They would all have to qualify for a UK visa in their own right.

[Shaggyjd]

You will need to apply for the more expensive spouse visa and meet the financial requirements and your new spouse will need to meet the English requirment.

https://www.gov.uk/uk-family-visa/partner-spouse

Thank you for your reply.

Does that mean she will get settled status as well once approved ? We should easily satisfy the £18k salary requirement and the English level requirement.

[secret.simon]

Does that mean she will get settled status as well once approved ? We should easily satisfy the £18k salary requirement and the English level requirement.

No. She will get a 2.5 year FLR(M) visa, which will need to be renewed at the end of the 2.5 years and at the end of five years of residing in the UK under that visa, she can then apply for ILR. Assuming that you have naturalised by then, she can then apply for naturalisation immediately.

Children born to you abroad will have the same immigration status as the other parent (i.e. they will not have Settled Status and you will need to apply for a visa for the child in line with the mother's visa), unless you have naturalised (i.e. attended the citizenship ceremony and acquired a naturalisation certificate) before the date of birth of the child abroad. Children born to you in the UK will be British citizens automatically.

Settled Status applies specifically to you alone and your family members will need to meet the same requirements as that of British citizens, and the requirements for these are much tougher than that for EU citizens. Sponsorship of family members other than spouses and children is nigh on impossible.

Also keep in mind that the requirement for paperwork, supporting documentation, absences from the UK, etc. are much stricter than those on the EEA route.

[Shaggyjd]

Does that mean she will get settled status as well once approved ? We should easily satisfy the £18k salary requirement and the English level requirement.

No. She will get a 2.5 year FLR(M) visa, which will need to be renewed at the end of the 2.5 years and at the end of five years of residing in the UK under that visa, she can then apply for ILR. Assuming that you have naturalised by then, she can then apply for naturalisation immediately.

Children born to you abroad will have the same immigration status as the other parent (i.e. they will not have Settled Status and you will need to apply for a visa for the child in line with the mother's visa), unless you have naturalised (i.e. attended the citizenship ceremony and acquired a naturalisation certificate) before the date of birth of the child abroad. Children born to you in the UK will be British citizens automatically.

Settled Status applies specifically to you alone and your family members will need to meet the same requirements as that of British citizens, and the requirements for these are much tougher than that for EU citizens. Sponsorship of family members other than spouses and children is nigh on impossible.

Also keep in mind that the requirement for paperwork, supporting documentation, absences from the UK, etc. are much stricter than those on the EEA route.

Thank you so much for your detailed answer. I am really grateful. I agree about the documentation requirement being stricter than eea applications.

So this FLR application will require us to pay the immigration surcharge of £500 per year as well if I am right ? And will cost around £1523 for the application ? Am I right in believing so ? Thanks

[secret.simon]

this FLR application will require us to pay the immigration surcharge of £500 per year as well if I am right ? And will cost around £1523 for the application ? Am I right in believing so ?

You are correct in your beliefs. The initial application will be about £3300 (£1523 visa fees + ~1800 Immigration Health Surcharge). The subsequent renewal fee in 2.5 years time may be higher.

And keep in mind that there is no change in case you become a British citizen. You are meeting the same requirements as a British citizen in sponsoring a non-EEA spouse.

BTW, also see this other thread that explains why you can't sponsor your spouse under the Settled Status route.

[Shaggyjd]

this FLR application will require us to pay the immigration surcharge of £500 per year as well if I am right ? And will cost around £1523 for the application ? Am I right in believing so ?

You are correct in your beliefs. The initial application will be about £3300 (£1523 visa fees + ~1800 Immigration Health Surcharge). The subsequent renewal fee in 2.5 years time may be higher.

And keep in mind that there is no change in case you become a British citizen. You are meeting the same requirements as a British citizen in sponsoring a non-EEA spouse.

BTW, also see this other thread that explains why you can't sponsor your spouse under the Settled Status route.

Thank you Simon. You have been great help. I will let you guys know if I come across any hurdles. I hope I will get there in the end. This is just insane when you think of the money they charge on such applications which should be considered as a basic right. Hopefully someday this will be looked into and made affordable for everyone. This just seems like another way of stopping people to apply and bring over their loved ones. Thanks again

.