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Moving to UK with EU spouse

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hanjay
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Joined: Thu Oct 19, 2023 2:48 pm
United Kingdom

Moving to UK with EU spouse

Post by hanjay » Thu Oct 19, 2023 2:55 pm

Hi there,
I am hoping some clever people here can help me to decipher the rules regarding British citizens and EU spouses. I am from Northern Ireland and hold British and Irish citizenship. My husband is German (he also has US citizenship because he was born there). We have been married 16 years and lived together in the UK for a year back in 2009/2010. Since then we have lived in Germany.
Now we are planning to move back to Belfast with our three dependent children (who are all British citizens). I have tried and failed to understand the guidance regarding EU settled status. I know that the date to apply has passed, and that the Surinder Singh route is also passed. However, we were delayed in our general life plans by serious illness (my husband had a cardiac arrest and subsequent sequelae in 2019) and then of course by Covid.
I figured it was worth giving it a shot to get pre-settled status for my husband because it doesn't cost anything to try. But is there any additional information that I should give which would support our case? Or is it a hopeless cause?
I appreciate any insights!
Hannah

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Ticktack
Respected Guru
Posts: 2735
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Moving to UK with EU spouse

Post by Ticktack » Thu Oct 19, 2023 3:21 pm

hanjay wrote:
Thu Oct 19, 2023 2:55 pm
Hi there,
I am hoping some clever people here can help me to decipher the rules regarding British citizens and EU spouses. I am from Northern Ireland and hold British and Irish citizenship. My husband is German (he also has US citizenship because he was born there). We have been married 16 years and lived together in the UK for a year back in 2009/2010. Since then we have lived in Germany.
Now we are planning to move back to Belfast with our three dependent children (who are all British citizens). I have tried and failed to understand the guidance regarding EU settled status. I know that the date to apply has passed, and that the Surinder Singh route is also passed. However, we were delayed in our general life plans by serious illness (my husband had a cardiac arrest and subsequent sequelae in 2019) and then of course by Covid.
I figured it was worth giving it a shot to get pre-settled status for my husband because it doesn't cost anything to try. But is there any additional information that I should give which would support our case? Or is it a hopeless cause?
I appreciate any insights!
Hannah
Like you've rightly identified, that boat sailed a long time back. The only way for him is if you both want to move to the Republic of Ireland. To move to the United Kingdom, based on all your citizenships combined, none opens any special doors apart from the UK spouse visa.

Costly and expensive if I might add.
No sin in failing, you just have to try and try again!

hanjay
Newly Registered
Posts: 3
Joined: Thu Oct 19, 2023 2:48 pm
United Kingdom

Re: Moving to UK with EU spouse

Post by hanjay » Thu Oct 19, 2023 3:25 pm

Thanks Ticktack, I appreciate your quick response! Well I guess we will expect the application to be rejected then and start the spouse visa process.

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CR001
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Re: Moving to UK with EU spouse

Post by CR001 » Thu Oct 19, 2023 4:22 pm

There are slightly different rules for people from Northern Ireland under the eu settle scheme.

Please see link below. See if you meet the requirements based in compassionate grounds but as his health issues were in 2019, you might not. Also, the pandemic didnt prevent people moving to the uk, especially the last half of 2020, so this might not be a valid compassionate reason.

https://www.gov.uk/settled-status-eu-ci ... %20citizen
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hanjay
Newly Registered
Posts: 3
Joined: Thu Oct 19, 2023 2:48 pm
United Kingdom

Re: Moving to UK with EU spouse

Post by hanjay » Thu Oct 19, 2023 4:53 pm

CR001 wrote:
Thu Oct 19, 2023 4:22 pm
There are slightly different rules for people from Northern Ireland under the eu settle scheme.

Please see link below. See if you meet the requirements based in compassionate grounds but as his health issues were in 2019, you might not. Also, the pandemic didnt prevent people moving to the uk, especially the last half of 2020, so this might not be a valid compassionate reason.

https://www.gov.uk/settled-status-eu-ci ... %20citizen
This is what I found so confusing, there seem to be different rules. And although the acute illness was in 2019, it had a looong tail and it has only been recently that he has been back to normal.

Does anybody know if there is a disadvantage if we apply and get rejected?

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CR001
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Re: Moving to UK with EU spouse

Post by CR001 » Thu Oct 19, 2023 4:55 pm

There is no disadvantage if you apply and are refused.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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