Non EEA student with EU national

[Sands2712]

Hi everyone
I’m new here and in need of some advice please. My situation is quite complex and will try to explain everything as clearly as possible. I am eu citizen and atm married but separated for about 5 years. Financial issues were making difficult to divorce. 3 years ago I’ve met my current partner here in UK. He is non eea and he had to leave so we have been in long distant relationship for about year and a half. In the meantime we’ve seen each other twice in different parts of the world. He came to uk again as international student in 2017 but had to leave again in May 2018. He is planning to come back again as international student this year. I’m in the process of applying for PR. The plan is to get divorced ASAP when he comes back and get married to my partner whilst he is studying. I would rather wait few months to get married as I don’t want this marriage to be questioned by HO as much. Or is it ok to apply for marriage permit as soon as I get my decree absolute? I’ve also been told by my immigration solicitor that he will be able to switch from student visa to eea family member only until 29/03/2019. Hence the rush with the marriage.ive tried to find out more about that but was unsuccessful so far. What are our options to stay together post Brexit? He will have his student visa until 2020.

[kamoe]

Hi everyone
The plan is to get divorced ASAP when he comes back and get married to my partner whilst he is studying. I would rather wait few months to get married as I don’t want this marriage to be questioned by HO as much. Or is it ok to apply for marriage permit as soon as I get my decree absolute?

Whatever your decision, start collecting now evidence of your relationship that covers all the years since you have met, traveled, and maybe lived together (any common bank accounts, bills, joint correspondence to the same address; plus pictures of your travels). This will be key to prove you are a genuine couple, not someone who's marrying a stranger.

I’ve also been told by my immigration solicitor that he will be able to switch from student visa to eea family member only until 29/03/2019. Hence the rush with the marriage.

Why is this? And why would this be a problem?

What are our options to stay together post Brexit?

Well if you get your PR, and you get married, you should be fine.

[Sands2712]

Evidence shouldn’t be a problem, flight tickets, hotel receipts, train tickets so see each other when he was here, pictures... we are in contact which each other on whatsapp all the time for over 3 years now, calculated recently that we are messaging 30 msgs be hour per 12 hour day (whatsapp only) plus FaceTime calls

I’ve also been told by my immigration solicitor that he will be able to switch from student visa to eea family member only until 29/03/2019. Hence the rush with the marriage.

Why is this? And why would this be a problem?

I’ve no idea why, trying to find out more about it. And we would like to know our options for him to stay together post Brexit or will he have to go back to his home country and apply to come back from there

[kamoe]

I’ve also been told by my immigration solicitor that he will be able to switch from student visa to eea family member only until 29/03/2019. Hence the rush with the marriage.

Why is this? And why would this be a problem?

You have not answered my question. I should have just asked one, not two, actually:

Why is it a problem for you that he cannot switch visas until 23/03/2019?

[CR001]

I’ve also been told by my immigration solicitor that he will be able to switch from student visa to eea family member only until 29/03/2019. Hence the rush with the marriage.

Why is this? And why would this be a problem?

You have not answered my question. I should have just asked one, not two, actually:

Why is it a problem for you that he cannot switch visas until 23/03/2019?

You have misread what the Op said. Op means only swith UNTIL brexit, not only switch At or After the stated date.

[Sands2712]

Hi kamoe
We’ve been told that he CAN switch from student visa to EEA family member only UNTIL 29/03/2019
And we don’t know what are our options after that date.
Hope that cleared the confusion xx

[Sands2712]

Hi kamoe
We’ve been told that he CAN switch from student visa to EEA family member only UNTIL 29/03/2019
And we don’t know what are our options after that date.
Hope that cleared the confusion xx

Our worry is the time frame now. It’s not much time left for all that work
1. Divorce 3-6 months
2. Marriage notice 28-70 days

What are our options if we won’t manage all that until 29/03/19

[kamoe]

Ah, OK, in Spanish 'Until' means both things: 'until' and 'from', hence my confusion. Thanks, both, for clarifying.

Got it.

Well, purely relying on the information released so far by the Home Office, I understand that come March 2019 there will be a new procedure for both EEA citizens and their family members (I suppose that's why he won't be able to switch after that): https://www.gov.uk/settled-status-eu-citizens-families

And also purely relying on the same website, as long as they start living in the UK before 31st December 2020 your then husband will be eligible to apply (pre-settled status): https://www.gov.uk/settled-status-eu-ci ... ligibility

In the meantime, they will have their student visa, so it should cover it.

[Sands2712]

Thanks kamoe

I have been through that website already today, not enough information there, Ideally he would need to switch (but to what?) so he could work full time as it will be hard for us financially otherwise (however I earn above the threshold, I believe currently not required if applying via PR route)

[kamoe]

Ideally he would need to switch (but to what?)

As the website says, he'll be eligible for pre-settled status.

Sadly there is no more information available, to anyone, as to what the details and conditions for that new status will be, and if he will be able to switch from inside the UK, so not much use in worrying about that for now. Focus on sorting out what you can sort now. I would advise you to subscribe to their email update service to have the first updates when they are released.

Good luck!

[Sands2712]

Thanks kamoe for your responses and support xx.
Is there anyone else who could advise what is going to happen with non eeu students after Brexit? Or anything else regarding our case?

[kamoe]

Is there anyone else who could advise what is going to happen with non eeu students after Brexit? Or anything else regarding our case?

Mate, this is exactly why so much activism and protest has been taking place. No one knows.

Let me try to explain this better: To answer your question, one would need a crystal ball, or a time machine to March 2019.

It's like... the architects haven't finished the designs and you are asking for a picture of the finished building.

It's like... JK Rowling is still writing the final Harry Potter book and you are asking who is going to die.

You get the idea. You need to wait for official publication date.

Again, the best thing you can do to have an answer as soon as possible is to sign up for their email alerts.