Can you retain right to reside if you divorce after June 30th 2021?

Hi everyone.

I am waiting for my decree nisi te to come through. As soon as it does we will apply for the absolute. I have been married to my EEA Partner for four years and we lived together in the UK for two of those years. I should have no trouble with my application as my ex is willing to help me with showing documents etc.

My question is - how is the application for a retained right of residence being handled now? I believe you used to apply through form EEA FM but that form is now removed from the gov website and it states "You can no longer apply for a registration certificate." Am I supposed to apply online through the settlement scheme? I already have settled status but assume I'd need to reapply.

Also - will there be any effect dependent on whether the decree absolute comes through before or after June 30 2021? On one solicitor's website they stated the EEA retained right of residence won't be valid after 30th June which had me panicking. Any info would be greatly appreciated. Thank you

Anyone? Any help would be appreciated!!! Thanks

I have seen their website and clearly they make people panic by confusing people, the exact wording of theirs "After 30th June 2021, the retained right of residence will no longer be valid and applications will not be accepted."

What I think they mean, If you have a residence card with retained rights, then you should apply before deadline 30th June 2021.


They don't specify based on what they put such wording.

If you have pre-settled status and divorce, then when you make an application for settled status you should upload all documents indicating and supporting that you have retained rights of residence. Such documents are:

-Decree absolute
- Marriage certificate
- Proof that you and your spouse lived in Uk more than 1 year.

goodpartner wrote: ↑

Wed Mar 24, 2021 9:28 pm

I have seen their website and clearly they make people panic by confusing people, the exact wording of theirs "After 30th June 2021, the retained right of residence will no longer be valid and applications will not be accepted."

What I think they mean, If you have a residence card with retained rights, then you should apply before deadline 30th June 2021.


They don't specify based on what they put such wording.

If you have pre-settled status and divorce, then when you make an application for settled status you should upload all documents indicating and supporting that you have retained rights of residence. Such documents are:

-Decree absolute
- Marriage certificate
- Proof that you and your spouse lived in Uk more than 1 year.

Thank you for your reply! To clarify - I will still be able to stay in the UK if my decree absolute comes in after June 30? The decree nisi has just been announced for early April, so its looking like it could be settled very close to the June 30th mark...

The gov guidance is not clear on the deadlines for applying to the settlement scheme. I have pre-settled status and my divorce will be finalised in June or July hopefully.

I'm trying to work out - if my divorce is finalised after June 30th ("EUSS deadline date"), can I still apply to retain my right of residence and stay in the UK? Or does Right to reside end then?

PLEASE HELP!!

pacified wrote: ↑

Fri Mar 26, 2021 10:30 am

The gov guidance is not clear on the deadlines for applying to the settlement scheme. I have pre-settled status and my divorce will be finalised in June or July hopefully.

I'm trying to work out - if my divorce is finalised after June 30th ("EUSS deadline date"), can I still apply to retain my right of residence and stay in the UK? Or does Right to reside end then?

PLEASE HELP!!

EUSS deadline for those who have not applied for pre-settled/settled status at all. Those who applied and got status, will need to apply when they reach 5 years of continuous residency in UK. In your situation, when you will apply to settled status you will need to upload documents about your divorce.