EU Settlement scheme - applying before sponsor - is it ok?

[jjjxxx]

Hi all,

In these strange times we are living, I am feeling really confused and I didn’t feel confident in my immigration solicitor advice. I could not find a similar story to mine in the forum, so I decided to post my story and see if anyone has had any experience or input similar to mine.

I am Argentinian and have been married for 4 years to an Spanish citizen. I am employed and he is self employed. He has been living in the UK for 8 years, exercising treaty rights. We were going to apply for EU settlement scheme this year, but because of Covid, we were afraid to apply and have our documents taken for too long, which would mean we would not see our families this year, so we decided to do all our travels before applying.

I am back in the UK, but my husband had a business opportunity in Panama, that requires him to be there, if he comes back to the UK now, he will not be able to return to the Panama because of covid restrictions. Ideally, he will stay in Panama until end of January.

My solicitor advised me to apply to the EU settlement scheme by myself before the 31st December before my EU husband.

I am afraid that if he doesn’t have an application himself, mine will be rejected, as I understand that my application is linked to his.

Has any non-EU applied before their sponsor? If so, what was your experience like?

Thank you in advance.

[kamoe]

I am Argentinian and have been married for 4 years to an Spanish citizen. I am employed and he is self employed. He has been living in the UK for 8 years, exercising treaty rights. We were going to apply for EU settlement scheme this year, but because of Covid, we were afraid to apply and have our documents taken for too long, which would mean we would not see our families this year, so we decided to do all our travels before applying.

I am afraid you might have waited for no reason. Most people don't need to send any documents physically to apply for the Settlement Scheme. Either applying through the app, or "online+post" option, which, according to reports from other people who have recently applied, lets you scan your passport instead of sending it.

I am back in the UK, but my husband had a business opportunity in Panama, that requires him to be there, if he comes back to the UK now, he will not be able to return to the Panama because of covid restrictions. Ideally, he will stay in Panama until end of January.

Your husband could likely apply via the app; it does not matter he is not in the UK physically, since what matters is his UK residence history (his NINO record, which, according to you, will show 8 years of contributions). If he does, he will get Settled Status strait away, likely within days.

My solicitor advised me to apply to the EU settlement scheme by myself before the 31st December before my EU husband.

There is absolutely no reason to do this. There are three good reasons NOT to do this:

1. Your application will be much more straightforward if the caseworker can immediately link to that of your sponsor.
2. As I said, being out of the UK does not prevent your husband from applying.
3. The deadline of 31st December is for moving into the UK not for applying.

I am afraid that if he doesn’t have an application himself, mine will be rejected, as I understand that my application is linked to his.

Not necessarily. The answer to your question is that yuo can indeed apply before him, but... why would you do this, unless there are reasons beyond your control? Again, nothing seems to be stopping your husband from applying.