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Divorce from EEA national

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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markozajsen
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Posts: 2
Joined: Sun Jan 20, 2019 7:34 pm

Divorce from EEA national

Post by markozajsen » Wed Sep 15, 2021 7:59 am

Hi there,

Just wanted to get some info on what options my wife has in the future. We have made a mutual decision we are getting a divorce, I imagine the process might take few weeks, seeing we got married in Denmark.

I'm an EU citizen, living in the UK under the EU settled status with ILR condition, she has a Brazilian passport and Permanent residence card which is valid for the next 2 years.

If we get divorced, is her residence card still valid?

What other options she has?

Many thanks for your help.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Divorce from EEA national

Post by kamoe » Wed Sep 15, 2021 10:48 am

markozajsen wrote:
Wed Sep 15, 2021 7:59 am
she has a Brazilian passport and Permanent residence card which is valid for the next 2 years.
Did she not apply to the EU Settlement Scheme? If she hasn't applied, any documentation issued under the old EEA rules ceased to be valid on June 30th 2021 (no matter what printed date says on card), even the Permanent Residence card, it needs to be updated with Settled Status under the EUSS Scheme.
If we get divorced, is her residence card still valid?
Again, her EEA permanent Residence card ceased to be valid on June 30th 2021 on account of Brexit... Unless she applies/applied to the EUSS. She would get a EUSS Settled Status, and she could keep using her EEA card, which will still be valid after divorce.
What other options she has?
As long as she sorts out her EUSS Settled Status she should be good after divorce.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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