Question about EU dependent migration in 2019

[ms1993]

hey everyone, I wasn’t sure how to title this question here it is…

My aunt came to the UK from Pakistan as a dependent of my uncle - blood relation.

My uncle was a Pakistani national who lived in Italy but migrated to the UK hence why he was able to call her over from Pakistan.

My aunt bought with her 3 kids who are under 18.

She came to UK in 2019 & is working part time.

Her husband is a Pakistani national living in Qatar.

My aunt has asked me to find out that when her 5 years stay in the UK comes to an
end, can she call her husband over. So the questions are:

- Can she call her husband over after her 5 year stay & on what basis?
- What would be the name of this route? And costs associated.
- Can her son (when he reaches 18) call his father over?
- Would the £18,600 be applicable?
- Does she need to be working part time for the records?
- In order to sponsor her husband, would a bigger house be needed? Currently a 2 bed terrace.

I think this is all the information I have whilst being concise as possible. Please let me know if further info is needed.

[secret.simon]

Has your aunt applied for and received pre-settled status? Keep in mind that that would not have been automatic, but would have to be applied for and received in 2020-2021.

How old is your aunt?

- Can she call her husband over after her 5 year stay & on what basis?

She can call her husband over either now (assuming she has got pre-settled status or after she gets Settled Status) on the same conditions as a British citizen (she must show earnings of £18,600 per annum, the husband must meet the English language requirements, etc).

- What would be the name of this route? And costs associated.

The route does not have a formal name, but I'd call it the spousal visa route. FLR(M) after he gets here. Costs would be ~£1500 for the fees and ~£1800 for the IHS. Approximately the same fees in 2.5 years again.

- Can her son (when he reaches 18) call his father over?

No.

- Would the £18,600 be applicable?
- Does she need to be working part time for the records?

Yes. Or she can demonstrate £62,500 in savings for the past six months.

- In order to sponsor her husband, would a bigger house be needed? Currently a 2 bed terrace.

If the house is not considered overcrowded at the moment, she will be fine.

[ms1993]

Has your aunt applied for and received pre-settled status? Keep in mind that that would not have been automatic, but would have to be applied for and received in 2020-2021.

How old is your aunt?

- Can she call her husband over after her 5 year stay & on what basis?

She can call her husband over either now (assuming she has got pre-settled status or after she gets Settled Status) on the same conditions as a British citizen (she must show earnings of £18,600 per annum, the husband must meet the English language requirements, etc).

- What would be the name of this route? And costs associated.

The route does not have a formal name, but I'd call it the spousal visa route. FLR(M) after he gets here. Costs would be ~£1500 for the fees and ~£1800 for the IHS. Approximately the same fees in 2.5 years again.

- Can her son (when he reaches 18) call his father over?

No.

- Would the £18,600 be applicable?
- Does she need to be working part time for the records?

Yes. Or she can demonstrate £62,500 in savings for the past six months.

- In order to sponsor her husband, would a bigger house be needed? Currently a 2 bed terrace.

If the house is not considered overcrowded at the moment, she will be fine.

Hello Simon,

Thanks for responding. I’m not sure if she has applied for pre settled status but I have asked the question. She is 46.

Am I therefore right in understanding that given the recent changes with brexit etc and despite of my aunt coming over as a dependent, that she now has to follow the same rules of a spousal visa (I know this because I did it for my husband) and satisfy all requirements of salary, r/ship, accommodation etc.

If she has pre settled status, does that change the requirement?

[ms1993]

Has your aunt applied for and received pre-settled status? Keep in mind that that would not have been automatic, but would have to be applied for and received in 2020-2021.

How old is your aunt?

- Can she call her husband over after her 5 year stay & on what basis?

She can call her husband over either now (assuming she has got pre-settled status or after she gets Settled Status) on the same conditions as a British citizen (she must show earnings of £18,600 per annum, the husband must meet the English language requirements, etc).

- What would be the name of this route? And costs associated.

The route does not have a formal name, but I'd call it the spousal visa route. FLR(M) after he gets here. Costs would be ~£1500 for the fees and ~£1800 for the IHS. Approximately the same fees in 2.5 years again.

- Can her son (when he reaches 18) call his father over?

No.

- Would the £18,600 be applicable?
- Does she need to be working part time for the records?

Yes. Or she can demonstrate £62,500 in savings for the past six months.

- In order to sponsor her husband, would a bigger house be needed? Currently a 2 bed terrace.

If the house is not considered overcrowded at the moment, she will be fine.

Hello, confirmed that she does have pre settled status and can apply for settled in 2025. Does this mean that she is able to call her husband over with the 18600k requirement? Or is exempt?

I’ve also heard there’s a family spouse route as well which bypasses the 18600k requirement, is that right?

[secret.simon]

Am I therefore right in understanding that given the recent changes with brexit etc and despite of my aunt coming over as a dependent, that she now has to follow the same rules of a spousal visa (I know this because I did it for my husband) and satisfy all requirements of salary, r/ship, accommodation etc.

If she has pre settled status, does that change the requirement?

In a sense, Brexit has made her husband's situation better.

Pre-Brexit, she would not have been able to sponsor her husband at all until she got PR (Settled Status). Now even pre-settled status allows her to sponsor her husband.

Hello, confirmed that she does have pre settled status and can apply for settled in 2025. Does this mean that she is able to call her husband over with the 18600k requirement? Or is exempt?

That means that she can sponsor him on the £18,600 route.

I’ve also heard there’s a family spouse route as well which bypasses the 18600k requirement, is that right?

We have not heard of this route. So if you find out more, keep us posted.

[ms1993]

Am I therefore right in understanding that given the recent changes with brexit etc and despite of my aunt coming over as a dependent, that she now has to follow the same rules of a spousal visa (I know this because I did it for my husband) and satisfy all requirements of salary, r/ship, accommodation etc.

If she has pre settled status, does that change the requirement?

In a sense, Brexit has made her husband's situation better.

Pre-Brexit, she would not have been able to sponsor her husband at all until she got PR (Settled Status). Now even pre-settled status allows her to sponsor her husband.

Hello, confirmed that she does have pre settled status and can apply for settled in 2025. Does this mean that she is able to call her husband over with the 18600k requirement? Or is exempt?

That means that she can sponsor him on the £18,600 route.

I’ve also heard there’s a family spouse route as well which bypasses the 18600k requirement, is that right?

We have not heard of this route. So if you find out more, keep us posted.

Thank you Simon. So £18,600 rule is still applicable and even more so now for those on a pre settled status via the EU. Previously, this requirement wasn’t in place, I think?

[secret.simon]

£18,600 rule is still applicable and even more so now for those on a pre settled status via the EU.

Correct.

Previously, this requirement wasn’t in place, I think?

Previously, non-EEA citizen dependents of EEA citizens could not sponsor their spouses at all. Therefore the requirement wasn't there, because the option of sponsoring their spouses wasn't there.