Non EU - settled status as spouse of EU citizen

[Sarloga]

Hello.

I hope someone can help me.

I am Indian and currently in the UK on the spouse visa as my wife is German and exercising her treaty right.

She is eligible for settled status as she has been here for 12 years and so will I, as we are married (I have been in the UK for 12 years as well). We have been living together since 2010 and therefore have mutual bills etc.

We married May 2014, I obtained the spouse visa in July 2015. The visa will expire in 2020.

We are now unsure when to submit her (our) application for settled status.

a) now, as we have been here for 12 years?
b) early June so we have been married for 5 years?
c) after my visa expires in 2020?

Many thanks.

[kamoe]

We are now unsure when to submit her (our) application for settled status.

a) now, as we have been here for 12 years?
b) early June so we have been married for 5 years?
c) after my visa expires in 2020?

Either a) or b), it's up to you. No reason to wait until your RC expires.

Your wife will likely get the Settled Status on both cases. The difference is, if you go for a) you might likely get a Pre-settled status, depending on your circumstances. But if that's the case, you can always convert it to a Settled status later when you are eligible (very likely on June, when you complete your 5 years as a spouse of EU national).

So it is up to you whether you want to get your Settled status at the same time, or if you want to prioritize that at least one of you has the Settled status as soon as possible.

Again, I stress that I say "likely" everywhere as it all depends on your individual circumstances (NI history).

As per recent statements, the process is free anyways.

[Bouchra9782]

Dear,
Im a belgian who recebtly acquired settled status under the settlement scheme pilot (no residence card issued just confirmation letter)
Im marrying a non-visa national (mexican) in may and wondering whether
A) apply for EEA Family permit as he can enter freely without visa into UK
And/or
B) apply for a UK residence card upon arrival on the basis of family member of a EEA national
In addition, the application for UK residence should be completed as me being a permanent resident even if i havnt been issued a residence card or as a qualified person?
Thank you!!!

[kamoe]

Im marrying a non-visa national (mexican) in may and wondering whether
A) apply for EEA Family permit as he can enter freely without visa into UK

This is the right way to do it.

B) apply for a UK residence card upon arrival on the basis of family member of a EEA national

For peace of mind, I would advise to only do this if for some impending reason you cannot do A).

In addition, the application for UK residence should be completed as me being a permanent resident even if i havnt been issued a residence card or as a qualified person?

Not an issue. With only the passport you used to apply for Settled Status (and maybe the application's reference number, if they ask for it), the Home Office will be able to verify that you have a Settled Status, so no other card is needed.

PS: Try to ask your questions in a new post every time, not in some one else's post, so that people can focus on your message.

[Bouchra9782]

Hi Kamou,

Much appreciated for your response and advice.

Lastly, when applying for the eea family permit, being a permanent resident due to my settled status, am i still to submit documents evidencing im a qualified person (employment letter, bankstatement, payslips, tenancy agreement, utility bill) ?
Or being a permanent resident it suffices adding the home office letter confirming my settled status?

And yes, it would have been better to create a new post:)

Much appreciated, Bo