ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Divorcing on pre settled status.

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
Kamilk
Newly Registered
Posts: 8
Joined: Fri Aug 26, 2022 11:01 am
India

Divorcing on pre settled status.

Post by Kamilk » Mon Aug 29, 2022 8:33 am

Hello everyone,
I'll be very grateful if anyone can give their honest advice. My situation is :
I came to uk on tier 4 visa in September 2015 then got married to eu partner in January 2019( I was legally resident all the time) and we both have pre settled status now after 3and half years of marriage we decided to end our marriage on mutual agreement.we full fill the requirements of marriage should last more than 3 years plus we are still living together on same address.
Question is
1.what will happen to my pre settled status ?
What can I do now ? E.g notify home office or apply for retain rights of residence?
2.if I want to marry someone from non eu countries how can I bring her here ?
3 .will it effects my chances of getting settled status in future?
Any help will be appreciated.
Thank you in advance.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Divorcing on pre settled status.

Post by kamoe » Tue Aug 30, 2022 11:40 am

I'm sorry to state the obvious, but either you divorce or bring your mother as your wife's dependant, as you declare it is your intention on your other post.

What exactly are you trying to do here? Which one is it?
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.

Kamilk
Newly Registered
Posts: 8
Joined: Fri Aug 26, 2022 11:01 am
India

Re: Divorcing on pre settled status.

Post by Kamilk » Tue Aug 30, 2022 11:46 am

Hi thank you for your reply .I have decided that I'll bring my mother here on standard visitor visa and for me I'm getting divorce.
Now if you can please help me in this that what would be my immigration status after divorce? Right now I'm on pre settled status and I already mentioned other details above . thank you in advance

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Divorcing on pre settled status.

Post by kamoe » Tue Aug 30, 2022 12:16 pm

Kamilk wrote:
Tue Aug 30, 2022 11:46 am
I have decided that I'll bring my mother here on standard visitor visa
In your other post you declared it is your intention to bring her to live with you. If that's still the case, applying for a visitor visa is not the right route, it would amount to deceiving the Home Office since you have to declare the purpose of travel. Visitor visas should not be used as immigration routes.
1.what will happen to my pre settled status ?
Your Pre-settled status won't be affected by a divorce, it won't get cancelled, but you won't be able to acquire Settled Status afterwards. The relationship has to subsist by the time of application to Settle Status (but more on this on answer 3.).
2.if I want to marry someone from non eu countries how can I bring her here ?
They won't qualify under the EU Settlement Scheme, since the family relationship has to have started before December 31st 2020. The right route would be as the general spouse visa outside of the EU Settlement Scheme.
3 .will it effects my chances of getting settled status in future?
You would have to apply under retained right of residence, which requires 3 years of marriage with one year living in the UK as a couple and being a UK resident at the time of application. I understand you can only apply once you are legally divorced, with a decree absolute. Also, since your Pre-settled status isn't affected, you don't really need to do anything until you need to update to Settled Status, so right now the only thing you can do is make sure to keep evidence of your marriage and residence for when you need it in 2 years time.

A good explanation of retained right of residence is here: https://www.carterthomas.co.uk/the-eu-s ... -partners/
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.

Kamilk
Newly Registered
Posts: 8
Joined: Fri Aug 26, 2022 11:01 am
India

Re: Divorcing on pre settled status.

Post by Kamilk » Tue Aug 30, 2022 12:20 pm

That's explains a lot. Thank you for sharing your knowledge and I really appreciate your help. I'm in too much complex situation don't know which direction to head on.

Kamilk
Newly Registered
Posts: 8
Joined: Fri Aug 26, 2022 11:01 am
India

Re: Divorcing on pre settled status.

Post by Kamilk » Tue Aug 30, 2022 12:43 pm

One last question if I provid all required documents at the end of my pre settled status time line i.g marriage certificate, divorce certificate, etc the. Would I be granted with settled status?

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Divorcing on pre settled status.

Post by kamoe » Tue Aug 30, 2022 3:40 pm

Kamilk wrote:
Tue Aug 30, 2022 12:43 pm
One last question if I provid all required documents at the end of my pre settled status time line i.g marriage certificate, divorce certificate, etc the. Would I be granted with settled status?
Provided you meet all requirements at the time of application (marriage ended after at least 3 years, couple residing at least 1 year in the UK, 5 years continuous residence in the UK), and that you provide all required evidence (proof of identity and nationality of your ex spouse, decree absolute, proof of UK residence), you could be eligible for Settled Status.
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.

Locked