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I’m a EU national with a settled status living in the UK, I'm married to a non-EU spouse residing in an EU country as a refugee who works full time, I’m questioning about the financial part, I’m unemployed at the moment seeking employment will I still be able to start the process of EU family permit or wait for employment to prove £18600? Do I need finance evidence or does “seeking work” still come under qualified person?

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Forget about the £18,600. That only applies to people who do not benefit from the EU free movement system (nor from the EU Settlement Scheme that is replacing it).

For an EEA family permit, as well as for an EUSS family permit, there is no need to prove any level of income. See https://www.gov.uk/family-permit.

For an EUSS family permit, it does not appear that you even need to be "qualified": your settled or pre-settled status is sufficient. For the EEA family permit, you must be employed or otherwise qualified. This includes job seekers. In addition, if you have a permanent residence document, that suffices for an EEA family permit without your needing to provide proof of being qualified.

Until the end of the transition period, you can apply for either an EEA or EUSS family permit. The EEA family permit will not be valid after the transition period ends, however, and at that point you will only be able to apply for an EUSS family permit.

The relevant criteria for the EUSS family permit:

EU Settlement Scheme family permit

You can apply for an EU Settlement Scheme family permit to come to the UK if all of the following apply:

  • you’re from outside the European Economic Area (EEA)
  • you’re the ‘close’ family member of an EEA citizen, Swiss citizen or eligible person of Northern Ireland
  • the EEA citizen you’re joining is in the UK already or travelling with you to the UK within 6 months of the date of your application

The person you’re joining must also either be:

  • an EEA or Swiss national with ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme
  • ...

The relevant criteria for the EEA family permit:

Eligibility

The EEA citizen you’re joining must either:

  • be in the UK already
  • be travelling with you to the UK within 6 months of the date of your application

If they’ve been in the UK for more than 3 months they must either:

  • be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
  • have a permanent residence document - sometimes called a ‘document certifying permanent residence’

If your family member is not a ‘qualified person’ and does not have a permanent residence document, you may be eligible for an EU Settlement Scheme family permit instead.

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  • Thank you soo much for the response so I need to apply for a EUSS family permit in my case or eU family permit? – Mars Aug 27 at 12:02
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    @Mars if your spouse will be coming to the UK before the end of the year then you can apply for either. It's your choice. I suspect that the EUSS family permit would be simpler. I haven't read this book, but I suspect you would find it helpful. – phoog Aug 27 at 12:45
  • I’m planning on starting the process next month would he be able to come before next year? Or if for example it’s done next year which one would I be applying for? The EUSS family permit? Thank you – Mars Aug 27 at 13:00
  • @Mars if you do it next month he should be able to come before the end of the year. The family permit should normally be issued in a week or two. – phoog Aug 27 at 13:06
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    @Mars I have no idea what the chance is. The only allowable grounds for refusal are (1) your husband is found to be a threat to public safety, public health, or public policy (which is rare), or (2) the marriage is found to be a sham for the purpose of allowing your husband to move to the UK, or (3) you fail to show some pertinent fact (such as not including your marriage certificate). The possibility of refusal is supposed to be small, especially because the UK has very little discretion in deciding on the application, but it really varies according to your circumstances. – phoog Aug 27 at 13:47

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