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LawyerAk
LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 1717
Experience:  Expert in Immigration and family law
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I would like to get some information on what I need to do to

Customer Question

Hi, I would like to get some information on what I need to do to become a UK resident. I am newly married (2 months) to a UK/EU dual citizen and we got married outside of the UK (Switzerland). She is and was a resident as of Dec 31st, 2020 while I was a resident in Switzerland (and still am). We got engaged on December 26th, 2020. We want to figure out if we qualify for residency under the EU agreement or if we have to pursue the spouse visa route.
My wife is a naturalized citizen and lived before that in the UK as an Italian using her freedom of movement rights.In particular this section of the governments website concerning family permits might apply to us:Concerning the EU Settlement Scheme family permit. The website, https://www.gov.uk/family-perm… states the following:Evidence if you’re a spouse or civil partner
If you’re a spouse or civil partner, you must show that you were engaged or formed a civil partnership by 31 December 2020.To do this, you must provide either:- a marriage or civil partnership certificate
- a document issued under the EEA regulations as the spouse or civil partner of the EU, EEA or Swiss citizen - for example a family permit or residence cardThat is why I thought it seems to be sufficient to have been engaged by December 31st, 2020?
Submitted: 14 days ago.
Category: Immigration Law
Expert:  LawyerAk replied 14 days ago.

Good

Expert:  LawyerAk replied 14 days ago.

Morning

Expert:  LawyerAk replied 14 days ago.

When did you naturalise as a British citizen?

Expert:  LawyerAk replied 14 days ago.

When did your wife naturalise as a British citizen?

Expert:  LawyerAk replied 14 days ago.

As your wife is British living in the U.K. you would be apply under the spouse route rather eea route.

Expert:  LawyerAk replied 14 days ago.

In order to qualify for a UK Spouse visa you will need to satisfy UK Visas and Immigration that you meet the following requirements:

Your partner is British or holds Indefinite Leave to Remain;

You are both over the age of 18;

You have met in person and are legally married;

Your relationship is genuine and you intend to live together permanently;

Any previous relationships have broken down permanently;

You will be adequately maintained in the UK without recourse to public funds;

There is adequate accommodation for you and any dependents;

You speak and understand English to the required level - A1 IELTS Life Skills Listening and Speaking

Accommodation survey report

Financial requirement for British partner of £18,600 per annum from employment

Customer: replied 14 days ago.
She naturalized in 2018. Why does this not apply to us as we are both EU citizens:Concerning the EU Settlement Scheme family permit. The website, https://www.gov.uk/family-perm… states the following:Evidence if you’re a spouse or civil partner
If you’re a spouse or civil partner, you must show that you were engaged or formed a civil partnership by 31 December 2020.To do this, you must provide either:- a marriage or civil partnership certificate
- a document issued under the EEA regulations as the spouse or civil partner of the EU, EEA or Swiss citizen - for example a family permit or residence card
Expert:  LawyerAk replied 14 days ago.

She is living in the U.K. as British citizen correct? For work and everything she uses her British passport right?

Customer: replied 14 days ago.
That is correct. Before 2018 however she lived her as an Italian citizen using her freedom of movement rights.
Expert:  LawyerAk replied 13 days ago.

After 2018 she is British therefore it would come under the spouse route as a British citizen.