Marriage in India and settlement in UK after

[shiprac]

Hi guys
I am an Indian citizen who wishes to marry an EU citizen who has pre-settled status in the UK. We wish to marry in India and I can apply to join him in the UK after June once he starts his permanent job. I have seen that I would need a family permit . But if my partner is an EU citizen who has pre-settled status, then after registering our marriage in India can I apply to the EU settlement scheme directly instead ?
(https://www.gov.uk/settled-status-eu-ci ... ligibility)

Or should I apply for the family permit, then apply for the scheme instead? Please may I know a timeline for the application process eg. is it permit > pre-settled> settled? Or am I missing something?

Look forward to your response, have a great day!!

[kamoe]

I am an Indian citizen who wishes to marry an EU citizen who has pre-settled status in the UK. We wish to marry in India and I can apply to join him in the UK after June once he starts his permanent job.

To qualify as joining family member under the EU Settlement Scheme, the family relationship needs to have existed before 31st December 2020. Therefore, a couple who as of December 2021 has yet to marry does not meet, and cannot meet this condition as a married couple.

Another alternative is to meet the condition as "durable partnership" but for this it is necessary to prove that by December 31st 2020 the couple was already operating as a family unit, with proven and already effective financial commitments or the joint responsibility of raising a child. This means proof of an already existing and solid couple experience in the past, not just "plans for the future". There is usually also a requirement to prove a 2-year cohabitation period completed before December 2020.

If the couple was not already a durable partnership by December 31st 2020, the suitable route is to go for the spouse visa under the genal immigration route, not the EU Settlement Scheme.

[shiprac]

Thanks for your response, Kamoe!
We have been in a relationship since 2018, after we started to stay in the same accommodation since we were students. However we don't have a 2 year cohabitation period, only around a year or so, plus we stayed together during trips to London. So to confirm, now I guess I'll have to apply for a spouse Visa after registering the marriage?

I have read this : "If you’re a non-EEA national and you’re planning to live in the UK, you’ll need either:
- a fiancé or proposed civil partner visa - if you’re marrying a British citizen or someone with settled status in the UK (or) - a family permit - if you’re marrying an EEA national"

I was confused whether I should apply for the spouse visa or family permit, since my partner is an EEA national with pre-settled status... Please let me know!!

[kamoe]

We have been in a relationship since 2018, after we started to stay in the same accommodation since we were students. However we don't have a 2 year cohabitation period, only around a year or so, plus we stayed together during trips to London.

Please keep in mind the wording I used. Durable partnership is not only about just sharing the same accommodation, is proving that you actually lived like a married couple, with solid financial commitments, etc. If the cohabitation is less than two years year and if on top of that you do not share a bank account or proven long-term contracted financial responsibilities as of to date (If you are in India I doubt that's the case?), then you probably won't qualify.

So to confirm, now I guess I'll have to apply for a spouse Visa after registering the marriage?

That's what I said in my previous post.

I have read this : "If you’re a non-EEA national and you’re planning to live in the UK, you’ll need either:
- a fiancé or proposed civil partner visa - if you’re marrying a British citizen or someone with settled status in the UK (or) - a family permit - if you’re marrying an EEA national"

Where have you read this?

I was confused whether I should apply for the spouse visa or family permit, since my partner is an EEA national with pre-settled status... Please let me know!!

I already gave you an answer to this. The sole fact that the EU counterpart has Status under the Settlement Scheme does NOT automatically qualifies their family members to join them through the scheme, the condition of date of start of relationship needs, to be met as well.

Good luck.