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EEA Pre-settled granted spouse off British citizen and possible divorce

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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

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User1994
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EEA Pre-settled granted spouse off British citizen and possible divorce

Post by User1994 » Sat Apr 25, 2020 8:18 am

Hello everyone i am in very very bad situation now , i am married to an British and i have been granted pre settled and brc. i have lived here over 1 years and married less than 3 years and i am, about to divorce soon m what will happen i am going to get deported after divorce or i have to leave or i will go to prison. that what my spouse told me after divorce to leave the country or i may face prison. is there anything i can do or apply for after dicorce as ive been married less than 3 years and here over a years , but i have been granted 5 years pre settled status and i have receive my brc alreday???
Thankyou and i hope someone can help me. My huband want me to leave the country we been toghetgher for 2 years and married for 1.8 years

secret.simon
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by secret.simon » Sat Apr 25, 2020 2:41 pm

What are your nationalities? And where are you resident, in the UK or in another EEA country?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Zerubbabel
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by Zerubbabel » Sat Apr 25, 2020 4:20 pm

Hello

Relax, nobody is going to prison here. They don't throw you in jail because you divorce.

How come you have a pre-Settled status? We are asking because usually this status is for EEA citizens (European) and their family members. If you marry a British citizen, you usually get access to different immigration routes but there are exceptions.

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CR001
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by CR001 » Sat Apr 25, 2020 4:44 pm

Zerubbabel wrote:
Sat Apr 25, 2020 4:20 pm
Hello

Relax, nobody is going to prison here. They don't throw you in jail because you divorce.

How come you have a pre-Settled status? We are asking because usually this status is for EEA citizens (European) and their family members. If you marry a British citizen, you usually get access to different immigration routes but there are exceptions.
Surinder Singh route.

eea-route-applications/spouse-of-britis ... l#p1812455
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User1994
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by User1994 » Sun Apr 26, 2020 6:08 am

Hey thankyou for you reply i was looking to reply but didnt find this quick i have been mariied to a British and we a inder surender singh to come to uk and been here for a years i receive my pre settled and now have my BRC

User1994
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by User1994 » Sun Apr 26, 2020 6:10 am

I am non eu citizen we lived in another eu country and come to uk under surrender sigh rout now i have been granted pre settled and BRC i have all with me

mehdi1
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by mehdi1 » Fri May 15, 2020 4:36 pm

User1994 wrote:
Sat Apr 25, 2020 8:18 am
Hello everyone i am in very very bad situation now , i am married to an British and i have been granted pre settled and brc. i have lived here over 1 years and married less than 3 years and i am, about to divorce soon m what will happen i am going to get deported after divorce or i have to leave or i will go to prison. that what my spouse told me after divorce to leave the country or i may face prison. is there anything i can do or apply for after dicorce as ive been married less than 3 years and here over a years , but i have been granted 5 years pre settled status and i have receive my brc alreday???
Thankyou and i hope someone can help me. My huband want me to leave the country we been toghetgher for 2 years and married for 1.8 years
I would Relax if i was you- nobody goes to Prison because their spouse told them as the relationship breaks down, this is in fact considered blackmail and threatening which are criminal offences !!
Technically you are a surinder singher and therefore falls under EEA regulations, having said that, if your spouse really want to be hardwork, you can make the divorce proceedings last longer, especially if there are kids or assets involved, that way you reach the three years of marriage and then not dispute the divorce.. Remember, under EU rules, you are still a family member of your spouse until the date of Decree absolute.
I would usually advise against going round loopholes but i am not a fan of bullies :wink:
Their nationality doesn't mean they can treat as they wish !

User1994
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by User1994 » Wed May 20, 2020 9:49 am

Ok. Thankyou so if the divorce did happen before the 3years what happen next ?

mehdi1
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Re: EEA Pre-settled granted spouse off British citizen and possible divorce

Post by mehdi1 » Sun May 24, 2020 1:25 am

User1994 wrote:
Wed May 20, 2020 9:49 am
Ok. Thankyou so if the divorce did happen before the 3years what happen next ?
My advice would be to seek legal advice, However my thoughts are as follow:
As the marriage (not relationship) hasn't lasted for 3 years prior to initiation of divorce, this do not meet one of the eligibility criteria under regulation 10(5) but you may qualify under other point.

The General requirements are:
* The EEA National must be a qualified person "working, self employed..." or with Permanant Residence on the date of initiation of the divorce proceedings (The appendix here is naming EEA national and not being specific on qualifying BC "surinder singh" but we can withdraw the assumption that this is a residency eligibility criterion and systematically a British citizen should qualify !
* The applicant (yourself) is residing in the UK on the date of initiation of the divorce proceedings
* The applicant meets the requirements of 10 (5)(d) "there's 4 of them, and you are supposed to meet 1 of them.


the 4 Requirements of 10 (5)(d)

i - The applicant has been married for 3 years with an EEA national before initiation of divorce proceedings and that you have lived in the UK for 1 year during its duration
ii- The applicant must have a custody of the child of the EEA national (would apply if you have children)
iii- Applicant has access to child, under 18 and the court ordered such access to be in the UK, the ROR under this eligibility may cease in certain cases (you get PR, child reaches 18, custody ends, no right to access the child, order granting access is outside the UK)
iv- Difficult circumstances ( domestic violence or other depend on senior caseworker evaluation of the circumstances)

More on the ROR can be found on this link https://assets.publishing.service.gov.u ... 5.0ext.pdf

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