Non-EU marrying an EU under EUSS

[kofi75]

Good Afternoon,Please my brother is a student and his fiancee is from France and she is registered under the EU settlement scheme.They are planning to get married.My question is,Can he apply under the EU settlement scheme after the marriage for a pre settled status?
Thank you so much for the support and assistance.

[meself2]

No, their relationship seem to have started after 2020, hence spouse route is the way to go.

If there are other information you think will help to decide better (for example, they were durable partners before the date), please provide that.

[secret.simon]

In order to qualify for pre-settled status, your brother needed to have been a family member (such as a spouse) or a durable partner (generally expected to mean as living together in a relationship akin to marriage, with shared finances and bills, for at least two years) before 31st December 2020.

As they are not married, unless they were durable partners (with the two years of living together, with shared finances and bills) before 31st December 2020, your brother will need to go down the normal spousal visa route.

[kofi75]

Thank you all for your priceless advice