EUSS - non-EU wife of an EU citizen with pre-settled status

[i2siss]

Hi everyone,

I am an EU citizen with a pre-settled status. My wife is a holder of PBS Dependant visa (expires on the 7th of November 2022) which was issued on the basis of being my wife when I used to be on a skilled worker visa.

Does she need to provide evidence of relationship for her application to the EU Settlement Scheme as a non-EU family member of an EU citizen?

Looking forward to your feedback
Kind regards

[secret.simon]

Does she need to provide evidence of relationship for her application to the EU Settlement Scheme as a non-EU family member of an EU citizen?

Yes. Each application, especially one of a completely different nature and under different sections of the Immigration Rules, require the submission of all the evidence (i.e. it would only be carried over from a previous application if the application is a renewal or extension of the same nature).

[i2siss]

Does she need to provide evidence of relationship for her application to the EU Settlement Scheme as a non-EU family member of an EU citizen?

Yes. Each application, especially one of a completely different nature and under different sections of the Immigration Rules, require the submission of all the evidence (i.e. it would only be carried over from a previous application if the application is a renewal or extension of the same nature).

Thanks Simon. Really appreciated it.

Does she still need to provide the residence evidence as she has had her passport stamped when she entered the UK the first time and the HO is fully aware of her travel history since then?

I am just asking to see if I need to focus my efforts on providing documents proving her residence history!

Looking forward to your feedback,

Kind regards
Smail

[secret.simon]

I would suggest submitting proof of marriage (and any previous divorces, etc) anyway. At the end of the day, any missing documentation will only cause delays.

Keep in mind that the Home Office is not one homogenous unit, but multiple different teams that very likely work very differently. You may have to submit the same evidence multiple times. For instance, the marriage evidence will almost certainly be required at the time of naturalisation as a British citizen again.

Keep that evidence handy and ready to go.

[i2siss]

I would suggest submitting proof of marriage (and any previous divorces, etc) anyway. At the end of the day, any missing documentation will only cause delays.

Keep in mind that the Home Office is not one homogenous unit, but multiple different teams that very likely work very differently. You may have to submit the same evidence multiple times. For instance, the marriage evidence will almost certainly be required at the time of naturalisation as a British citizen again.

Keep that evidence handy and ready to go.

Thanks Simon.

I will submit the marriage certificate. The only uncertainty I do have at the moment is the residence evidence. Would her biometric residence permit be evidence? Does she need to submit other documents as residence evidence?

Looking forward to your feedback,

Kind regards
Smail

[secret.simon]

The only uncertainty I do have at the moment is the residence evidence. Would her biometric residence permit be evidence? Does she need to submit other documents as residence evidence?

As she is the spouse of an EU citizen, it is likely that her passport is not getting stamped in EU countries. So the residence proof would be the same residence proof as that for other EEA citizen spouses; letters issued by government departments to her over a period of time. So HMRC letters, DWP letters about any benefits that she may have claimed, etc.

[i2siss]

The only uncertainty I do have at the moment is the residence evidence. Would her biometric residence permit be evidence? Does she need to submit other documents as residence evidence?

As she is the spouse of an EU citizen, it is likely that her passport is not getting stamped in EU countries. So the residence proof would be the same residence proof as that for other EEA citizen spouses; letters issued by government departments to her over a period of time. So HMRC letters, DWP letters about any benefits that she may have claimed, etc.

Thanks Simon.

She is not an EU citizen, so her passport got stamped when she entered the UK in 2020 and since then she has never been outside the UK! Remember her PBS Dependant visa has not expired yet.

I am trying to collect some documents such as annual bank statement, letter of registration in surgery, police registration certificate... what do you think?

Kind regards
Smail