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Vineet S
Vineet S,
Category: Immigration Law
Satisfied Customers: 1004
Experience:  Freelance Solicitor at Self Employed
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I am interested in getting advice and guidance for my

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Hi.
I am interested in getting advice and guidance for my partner's visa. I am an EU student citizen and have gained pre-settled status last year in August. My status will be changed to "settled" in September 2021, when I will mark exactly five years in UK. My partner is an Indian citizen who has lived in the UK for the past five years under the Tier-4 Visa, as he completed his undergraduate and master. We have been together for two and a half years, and been living together for the past 2 years and three months. We are planning to get married as soon as the circumstances with Covid-19 will allow us to because we want to continue living and working in the UK Therefore, we are interested to understand if, we get married now, will my partner gain the same "pre-settled" status and later on settled which will give him the rights under UE laws and regulations? or will he be provided with a visa that will be eventually have to be renewed? Will he have to live here for under 5 years in order to gain his right to stay under settled status? We would be very grateful if someone could guide us upon this! Thank you.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: We are both living in the Uk, London. I am an EU citizen (romanian) and my partners is non-eu citizen (indian).
JA: Have you talked to a lawyer about the visa?
Customer: We did once, but we didn't get much information to be honest, we were left more confused about the situation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, that's all.

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

Customer: replied 2 months ago.
Hi there.Thank you!
Customer: replied 2 months ago.
I would prefer writing here. thank you

Your partner would have to apply as a family member of an EU Citizen

Customer: replied 2 months ago.
just to be clear, after getting married, he should apply for a visa of a member of an Eu citizen or do you refer to the pre-settled status scheme?
Customer: replied 2 months ago.
Sorry, I just want to make sure I understand correctly.

He can apply right now as well as a family member of an EU citizen, He would get family residence card.

he’ll need to provide proof of relationship to your EU, EEA or Swiss citizen family member - for example, a birth, marriage or civil partnership certificate, or a residence card. he can scan and submit this through the online application form.

https://www.gov.uk/settled-status-eu-citizens-families/not-EU-EEA-Swiss-citizen

He has to stay on the family permit card for 5 years before he can apply for the permanent settlement in the UK

So, in your case, if your planning to marry soon, he can apply with the marriage certificate as a family member of EU citizen settled in the UK

Customer: replied 2 months ago.
Alright, I understand now. But what about this then?
"However, your residence card will not be valid after 31 December 2020. You and your family can apply to the EU Settlement Scheme to continue living in the UK." I guess the permit card would be temporarly, according to gov.uk?
Customer: replied 2 months ago.
I'm still on pre-settled status, until September 2021

That was for your status,

You can apply for settled status after residing for 5 years in the UK.

However, after your marriage, your spouse can apply as a family member of an EU citizen in the UK, under the EU settlement scheme

All docs required for family member visa-

  • a valid passport
  • evidence of your relationship to your EEA family member, for example a marriage certificate, civil partnership certificate or birth certificate
  • your EEA family member’s EU Settlement Scheme application number, if they have one

If you need further assistance, please let me know.

&

If that answers your question, Kindly remember to rate my service by selecting the 5 stars at the top of your screen before you leave JA today, so that I could get credited for my time.

Customer: replied 2 months ago.
Thank you so much for help! will do !

Thank you and all the best.

Vineet S and other Immigration Law Specialists are ready to help you
Customer: replied 2 months ago.
Hi Vineet. I hope you are well. My partner's visa will soon expire and there is a possibility we won't be able to do the marriage now and therefore apply for the EU settlement scheme. However, he will come back in November (as he has his graduation during that month) and we were wondering what kind of visa should he apply for in order for him to come to uk and also get married and go ahead with EU settlement scheme plan (in November). I hope that makes sense. Thank you!

He can apply for a fiance visa to enter UK for marrying you and thereafter applying under EU settlement scheme

Customer: replied 2 months ago.
oh alright, thank you! will have a look at that
Customer: replied 2 months ago.
I'm a bit confused, as now we are looking at the fiance visa to enter uk. Are there any financial requirements for this type of visa, for example to give proof of our incomes or something like that as we saw in other types of "partnerships" visa and all?

Yes, there is a financial and another accommodation requirement for the fiance visa.

He can be eligible as a durable partner, if your relationship is over 2 years old

The Home Office will consider a relationship to be a durable one where:

  1. The couple have been living together in a relationship similar to a marriage for at least two years;
    b) The couple intend to live together permanently;
    c) The couple are not blood relatives (i.e. it is not a consanguineous relationship); and
    d) Any previous marriage or other similar relationship by either party has permanently broken down.
Customer: replied 2 months ago.
Could you confirm is this type of requirement as they say on gov.uk for" family visa" :Give proof of your income
You and your partner must have a combined income of at least £18,600 a year"? or is another type of financial requirement?

The fact that a couple has lived together for at least two years, which would provide the basis for an application as an unmarried partner under the Immigration Rules, is a relevant consideration

Look for " durable partner of an EEA national "or if you want further assistance, may I kindly request you to post a new question,

Thank you for undersatnding

Customer: replied 2 months ago.
Alright, will have a look. Sure, thank you for your help!