1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Fiancé visa - EU Settlement Scheme

Discussion in 'UK Visa and Immigration Help' started by ecasabansan, Sep 24, 2019.

  1. ecasabansan
    Offline

    ecasabansan New Member

    Hi,

    Has anyone applied or know anyone who applied for a fiance visa being settled in the UK under the recently implemented EU Settlement Scheme? I recently achieved settled status/ILR (5+ years residence in the UK) under this scheme, presumably this should be enough to meet the fiance visa requirement for the sponsor to be settled in the UK? Probably a silly question but wouldn't want to leave any loose ends.

    One thing that worried me is that, while you receive a letter from Home Office upon a successful EU Settlement Scheme application, confirming settled status (indefinite leave to remain) was achieved, it also states that the letter is not a proof of the status itself, however the status is I think linked to one's passport, and there's also an application reference number which can be verified online only (no residence cards or anything). This is kind of against the fact that they ask for proof of settled status during the fiance visa application process, though, as I don't have any card or document related to my ILR status… For sure Home Office can easily check this I hope, right? I'm planning to include the letter anyway and the application number, as well as a screenshot of the online verification screen that says I've got settled status.

    Does anyone know for a fact if it should be okay anyway? :)

    Many thanks!
  2. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    do you still hold spanish citizenship ?
  3. ecasabansan
    Offline

    ecasabansan New Member

    I do, yes
  4. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    i'm not well up on this...but dont you have the right to bring into the UK a spouse ( or fiancee) under the existing EU rules ? i know one or 2 members on here have done so.
    • Like Like x 1
  5. ecasabansan
    Offline

    ecasabansan New Member

    Hmmmm there's the EEA Family Permit, but unless I didn't understand it properly it doesn't accommodate for a fiance, more like already married couples or at least a "relationship akin to marriage" (2 years living together, with bills/bank accounts etc). Maybe someone else can confirm on this.
  6. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    its just that it could save you ££ thousands.
    • Like Like x 2
    • Dislike Dislike x 1
  7. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

  8. AndyRam
    Offline

    AndyRam Banned

    It definitely could save you thousands!

    Where were you intending to marry?
    • Like Like x 1
  9. ecasabansan
    Offline

    ecasabansan New Member

    Sure, went through it many times! I'm 99% sure the second bullet point ("have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence") applies to me as a EU settled, just would like to know if someone else can confirm 100%, also the fact that we're not provided any card that can be easily shown as proof other than the application outcome letter.

    Yes, and sure it'd be great, but I've searched I think thoroughly and it doesn't seem the EEA family permit route applies to fiances... (unless there's some very very hidden rule!).
    Initially we were planning to marry in the Philippines, but the Spanish Consulate in Manila is a nightmare to deal with and we'd be looking at around 8-9 months to obtain a "legal capacity to marry" certificate from them, and only then we could go on with the wedding. So it seems much easier, quicker and convenient (although not cheap :) ) to do it in the UK now that my recently achieved settled status enables me to apply for a fiance visa (I think?? :) )
  10. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    • Agree Agree x 1
  11. AndyRam
    Offline

    AndyRam Banned

    Or just go and marry in Hong Kong, like we did. Easiest place to marry, quickest turnaround.
    • Like Like x 1
    • Agree Agree x 1
  12. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

    • Winner Winner x 1
  13. ecasabansan
    Offline

    ecasabansan New Member

    It's a good tip, we looked into that for a while, however it's not clear it'd be easy to register the marriage in the Spanish civil registers afterwards, as they have quite strict rules for marriages with non-EEA members, specially those that happened in non-EEA countries and seems it could take 1+ year for that particular case (although nobody would even give me a specific reply with an estimate, so it's sort of uncharted territory, I thought too uncertain). That'd mean she can't sort out her visa to visit Spain as my wife until all that process is complete, which is very inconvenient. For a marriage celebrated in the UK, it would just be a matter of going to the Spanish Consulate in London afterwards, and going through a fairly simple process which could take I hope just a few months.
  14. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    i'm straining my brain to remember which one of us went through months of palaver with Spanish authorities..became quite an expert about it
  15. AndyRam
    Offline

    AndyRam Banned

    I take it the inconvenience is not taking the wife to visit your family in Spain as you are residing, and will continue to reside in the UK, yes?

    The problem doing it your way is getting the fiance visa, and EEA FP is much easier to get if criteria is met - well it was, last time I checked (four years ago!)
  16. AndyRam
    Offline

    AndyRam Banned

    And that's the trouble, it's easy forgetting stuff if you don't engage in it consistently. Especially if you've got a brain like mine.
  17. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

    CampelloChris is who your thinking of I think.
  18. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    thats the man.

    @CampelloChris
  19. ecasabansan
    Offline

    ecasabansan New Member

    I'm not surprised!! :) In my case, still fighting an appeal process about a Spanish tourist visa for my girlfriend that was refused almost one year ago. After some asking and chatting with some spaniards who live over there in the Philippines, my conclusion is the consulate just don't like issuing tourist visas to couples, seems it doesn't matter any of the other requirements you met, if you said you're a couple, it's a straight rejection. Didn't have any issues getting her 2 tourist visas for the UK, everything was really smooth with those applications. Anyway... won't even need the Spanish tourist visa once we're married but it's just not right.

    Exactly, that's the plan! It's a shame after 3.5 years of visits and trips back and forth, she still hasn't managed to get to know my hometown... Luckily she already met some of my family as they came over to the UK during her last visit :)
  20. AndyRam
    Offline

    AndyRam Banned

    Just Not Right - yeah, I agree, but you've got to think of it from their point of view, human trafficking etc.

    I still haven't met her parents! :eek: Hopefully I will in January if the father is still alive (doubtful, sadly) and funds allow.

    We don't live in an ideal world, I'm just glad I could marry my one and only by a rather interesting route, and not go completely broke in the process. Obviously you are currently looking at the maximum you can get out of the process, but the system is not founded on love, it's founded on rules, bureaucracy and cold, hard cash.
    • Like Like x 1

Share This Page