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EEA Pre-settled granted - what if 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

Blacksea28
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Turkey

Re: EEA Pre-settled granted - what if divorce ??

Post by Blacksea28 » Wed Nov 27, 2019 10:16 pm

Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Why did you delete your previous states Obie? There were few other states you were sure about...

Instead of deleting your/my previous posts, you should feel ashamed...

Lh2oo
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Re: EEA Pre-settled granted - what if divorce ??

Post by Lh2oo » Thu Nov 28, 2019 8:17 am

inesbankole wrote:
Tue Nov 26, 2019 8:10 pm
COA received today confirming the application was valid. I will keep updating this when i receive something new
[/quote1-)

What did they send you to follow, can you share their email?

2-) Did they ask you to submit your spouse ID/Passport?

3-) what are the list of documentations submitted?

Obie
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Re: EEA Pre-settled granted - what if divorce ??

Post by Obie » Thu Nov 28, 2019 12:29 pm

Blacksea28 wrote:
Wed Nov 27, 2019 10:16 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Why did you delete your previous states Obie? There were few other states you were sure about...

Instead of deleting your/my previous posts, you should feel ashamed...
Feel ashamed of what exactly.

Firstly I do not have a clue of what you are writing about.

Secondly, everything I do, I always do with a clear conscience, therefore the changes of me being ashamed of myself is clearly very limited.

What is really shameful is people who provide their time that they could utilise doing other work, getting insulted as a reward for their time.
Seasons greetings to everyone and a prosperous 2020

Obie
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Location: UK/Ireland
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Re: EEA Pre-settled granted - what if divorce ??

Post by Obie » Thu Nov 28, 2019 12:30 pm

Thiva wrote:
Wed Nov 27, 2019 3:52 am
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi Obie,
I married to an eu national on June 2012 by that time i was on a student visa and its expired on 2014. i got divorced November 2018 by that time i have made 2 EEA applications and got refused based on my eu sponsors treaty rights. once i got divorced i have applied for retained rights of residence under EEA law and its got refused too giving some silly reasons by Home office. i have a pending court hearing on january 2020. also i made a another retained rights of residence application under EU settlement scheme and COA Received. decision still pending. Overall my marriage was lasted 6 years and we both been working most of the years within that period ( i had working rights with COA till appeal rights are exhausted ) but i have never been grated any king of EEA visa before. so what do you think about the possibility of getting visa under EU settlement scheme ? many thanks
Provided that marriage of convenience was not raised as basis of refusal, chances are very high.
Seasons greetings to everyone and a prosperous 2020

Blacksea28
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Posts: 108
Joined: Sun Mar 10, 2019 11:59 pm
Turkey

Re: EEA Pre-settled granted - what if divorce ??

Post by Blacksea28 » Thu Nov 28, 2019 7:01 pm

Obie wrote:
Thu Nov 28, 2019 12:29 pm
Blacksea28 wrote:
Wed Nov 27, 2019 10:16 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Why did you delete your previous states Obie? There were few other states you were sure about...

Instead of deleting your/my previous posts, you should feel ashamed...
Feel ashamed of what exactly.

Firstly I do not have a clue of what you are writing about.

Secondly, everything I do, I always do with a clear conscience, therefore the changes of me being ashamed of myself is clearly very limited.

What is really shameful is people who provide their time that they could utilise doing other work, getting insulted as a reward for their time.
Instead of refering some source, you just dictate your ideas to people.Behaving like "I know", "everything is true what I am saying... bla bla...
It does not help as after a few days you see that you were wrong then you are just deleting the post...

If you really want to help people, first of all, respect people's idea,comments. If you know something, just refere some source. Instead of saying "I am always right" . People cant reply to home office like saying there is Obie in immigrationboard and he is sure.

Anyway, just do not delete previous posts so people should see

Blacksea28
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Posts: 108
Joined: Sun Mar 10, 2019 11:59 pm
Turkey

Re: EEA Pre-settled granted - what if divorce ??

Post by Blacksea28 » Thu Nov 28, 2019 7:08 pm

Obie wrote:
Thu Nov 28, 2019 12:29 pm
Blacksea28 wrote:
Wed Nov 27, 2019 10:16 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Why did you delete your previous states Obie? There were few other states you were sure about...

Instead of deleting your/my previous posts, you should feel ashamed...
Feel ashamed of what exactly.

Firstly I do not have a clue of what you are writing about.

Secondly, everything I do, I always do with a clear conscience, therefore the changes of me being ashamed of myself is clearly very limited.

What is really shameful is people who provide their time that they could utilise doing other work, getting insulted as a reward for their time.
It should not be that hard to say "Sorry, I was wrong" instead of deleting the posts.

Obie
Moderator
Posts: 14450
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EEA Pre-settled granted - what if divorce ??

Post by Obie » Thu Nov 28, 2019 7:11 pm

I cannot recall what post I deleted. I am always mature enough to retract an erroneous statement I make.

Only fools don't own up to and learn from mistakes or accept when they get things wrong.

I really do not know the basis for your animus against me.

The views I expressed here are not mine but the laws. You may not like it, but it does not make it wrong.

I have no tolerance for erroneous opinions and views. That will remain so for the foreseeable future.

Say sorry for what?

If I delete a post, I do so to ensure people are not misled, which I believe is the right thing. I do not delete in bad faith.
Seasons greetings to everyone and a prosperous 2020

askmeplz82
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Re: EEA Pre-settled granted - what if divorce ??

Post by askmeplz82 » Thu Nov 28, 2019 11:17 pm

Obie wrote:
Thu Nov 28, 2019 12:30 pm

You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.

Obie what about curtailment of settled status ? Can they curtail settled status if the NON EU is outside the country ?
UK Student Visa : 04/2004 - 09/2009
EEA Residence Stamp: 12/2009 - 03/2010
EEA Residence Card : 07/2010 - 7/2015
Eu Settlement Scheme : 01/05/ 2019
Biometrics: 01/05/2019
COA: 03/05/2019
EU Settled Status: Confirmed on 16th July 2019

Lh2oo
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Re: EEA Pre-settled granted - what if divorce ??

Post by Lh2oo » Fri Dec 06, 2019 1:43 pm

inesbankole wrote:
Sun Nov 24, 2019 12:01 pm
Yes they accepted it
As i said i am just following their advice according to the email they sent me
I applied with my passport. waiting for them to receive it and will update the thread if they ask anything.

What did they send you to follow, can you share their email please ?

2-) Did they ask you to submit your spouse ID/Passport?

3-) what are the list of documentations submitted?

inesbankole
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Posts: 26
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Re: EEA Pre-settled granted - what if divorce ??

Post by inesbankole » Thu Dec 19, 2019 2:56 pm

can you please read the post like i said i submitted my passport and got tghe COA since the 26th of november

nothing until now, i call the resolution centre i am told to wait.

Can anybody share their timeline please?

It is almost a month now i am started to get worried

Rob19
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Re: EEA Pre-settled granted - what if divorce ??

Post by Rob19 » Sun Dec 22, 2019 2:20 pm

inesbankole wrote:
Thu Oct 03, 2019 9:39 pm
Hi all, i am in the same situation been married for 3 years

i am waiting for decree absolute to apply

I wrote to the EU resolution centre and here is their answer :

We understand that you are soon to be divorced from the EU national who was your sponsor.



Once you are divorced you will need to make a new application for Pre-Settled Status under the rule of retained rights.



To be eligible to apply for the EU Settlement Scheme as a non-EEA family member who has retained the right of residence, the applicant must usually:



· Be a non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of their marriage

· Have been resident in the UK at the date of the termination.

· Have been married to the EEA citizen for at least 3 years prior to the initiation of the proceedings for the termination of the marriage. And the parties to the marriage had been continuously resident in the UK for at least 1 year during its duration.



As you do not hold a permanent residence document, when you apply you will need proof of:



· Your identity and nationality

· The relevant EEA citizen’s identity and nationality

· The court order terminating the marriage

· Your residence in the UK at the date of the termination

· Your marriage to the relevant EEA citizen, for example a marriage certificate

· Your marriage having lasted for at least 3 years prior to the initiation of the legal proceedings for its termination, and both parties being resident in the UK for a continuous qualifying period of at least 1 year during its duration.



Please note: If any further evidence is required, then this will be requested by a caseworker.


When you apply, you will need to use a valid passport. Do not use your Biometric Residence Card as this will no longer be valid once you are divorced.



As you will not have a valid biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo) when you apply.

You’ll be told if you need to use UKVCAS when you apply, and be given instructions on how to book your appointment. For more information about this service please visit:
https://www.gov.uk/ukvcas

To find your closest UKVCAS hub please visit:
https://www.ukvcas.co.uk/locations


To apply please use the following link:

https://www.gov.uk/settled-status-eu-ci ... led-status



If your application is successful, you’ll be given either settled or pre-settled status.



You can find more information about what rights you get for each status here: https://www.gov.uk/settled-status-eu-ci ... atus-means



As you have status as a family member of an EU national you need to travel with your EU sponsor if you are relying on this status to enter the UK.



Once you have been granted status under retained rights you can travel without your former EU sponsor.



Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey:

https://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5


Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

Yours sincerely,
Did you you mention about your pre settled status? When you have sent email regarding the issue?

inesbankole
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Re: EEA Pre-settled granted - what if divorce ??

Post by inesbankole » Thu Dec 26, 2019 7:20 pm

Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi obie, Merry christmas.

Does it mean i can still the pre settled status i have right now and travel with my eu residence card?

I have divorced already and applied again to the settlement scheme under RoR.


It is been a month and no decision yet.

So since the previous pre settled status is still valid. I was wondering if i can travel using that and my EU residence card to travel and come back to the UK with no issues ?
Thanks a lotfor the reply

goodpartner
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Ukraine

Re: EEA Pre-settled granted - what if divorce ??

Post by goodpartner » Wed Jan 08, 2020 2:43 pm

Hi,

Just wondering, any news? And while You are waiting for the result of a new application, do you have rights to work? or they curtailed them?


Thanks!

inesbankole wrote:
Thu Dec 26, 2019 7:20 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi obie, Merry christmas.

Does it mean i can still the pre settled status i have right now and travel with my eu residence card?

I have divorced already and applied again to the settlement scheme under RoR.


It is been a month and no decision yet.

So since the previous pre settled status is still valid. I was wondering if i can travel using that and my EU residence card to travel and come back to the UK with no issues ?
Thanks a lotfor the reply

mahmutzoru
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Re: EEA Pre-settled granted - what if divorce ??

Post by mahmutzoru » Thu Jan 09, 2020 8:31 pm

ı have pre sttle status, ı spoke wıth home offıce they say after your dıvorce your card valıd untıll the card
expire, u dont need to make another pre settle applıcaıon
what about after dıvorce ıf ı marry agaın before my pre settle expire because ı have 4 more year anybody knows ? ıf ı marry some one ın 4 year whıch applıcatıon ı need to do after my pre settle statues
expire 4 years later??

thank you

Lh2oo
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Re: EEA Pre-settled granted - what if divorce ??

Post by Lh2oo » Thu Jan 09, 2020 8:51 pm

inesbankole wrote:
Thu Dec 26, 2019 7:20 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi obie, Merry christmas.

Does it mean i can still the pre settled status i have right now and travel with my eu residence card?

I have divorced already and applied again to the settlement scheme under RoR.


It is been a month and no decision yet.

So since the previous pre settled status is still valid. I was wondering if i can travel using that and my EU residence card to travel and come back to the UK with no issues ?
Thanks a lotfor the reply


Hello
Any update about your application ?

Thanks

kumitrue
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Lithuania

Re: EEA Pre-settled granted - what if divorce ??

Post by kumitrue » Thu Jan 09, 2020 10:33 pm

mahmutzoru wrote:
Thu Jan 09, 2020 8:31 pm
ı have pre sttle status, ı spoke wıth home offıce they say after your dıvorce your card valıd untıll the card
expire, u dont need to make another pre settle applıcaıon
what about after dıvorce ıf ı marry agaın before my pre settle expire because ı have 4 more year anybody knows ? ıf ı marry some one ın 4 year whıch applıcatıon ı need to do after my pre settle statues
expire 4 years later??
I also put similar questions to HO in writing. They replied that "your pre-settled status is already confirmed and valid for 5 years should you maintain your continuous residence."

I understand, after divorce, one can apply for a retained right of residence by virtue of a relationship with a
relevant EEA citizen after that relationship has ended. For this, you would need to show that you lived together with an EU citizen you were married to for at least a year in the UK, stayed in the uk at the moment you started your divorce process, and in total were in marriage for at least 3 years. In the meantime, while you have your pre-settled status, you can marry and divorce as many times as you wish.
What I don't understand is whether an EU citizen (i.e. a former spouse) should be in the UK when the divorce process started.

goodpartner
Junior Member
Posts: 95
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Ukraine

Re: EEA Pre-settled granted - what if divorce ??

Post by goodpartner » Thu Jan 09, 2020 11:11 pm

I dont get, whether a non-eu family member after divorce (if all conditions are met for retained rights), have to reaply for pre-settled status (based on retained rights) or can live with that card and when apply for a settled status, just to give all relevant documents? somebody can clarify this??


thank you!

mahmutzoru
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Re: EEA Pre-settled granted - what if divorce ??

Post by mahmutzoru » Fri Jan 10, 2020 12:35 am

kumitrue wrote:
Thu Jan 09, 2020 10:33 pm
mahmutzoru wrote:
Thu Jan 09, 2020 8:31 pm
ı have pre sttle status, ı spoke wıth home offıce they say after your dıvorce your card valıd untıll the card
expire, u dont need to make another pre settle applıcaıon
what about after dıvorce ıf ı marry agaın before my pre settle expire because ı have 4 more year anybody knows ? ıf ı marry some one ın 4 year whıch applıcatıon ı need to do after my pre settle statues
expire 4 years later??
I also put similar questions to HO in writing. They replied that "your pre-settled status is already confirmed and valid for 5 years should you maintain your continuous residence."

I understand, after divorce, one can apply for a retained right of residence by virtue of a relationship with a
relevant EEA citizen after that relationship has ended. For this, you would need to show that you lived together with an EU citizen you were married to for at least a year in the UK, stayed in the uk at the moment you started your divorce process, and in total were in marriage for at least 3 years. In the meantime, while you have your pre-settled status, you can marry and divorce as many times as you wish.
What I don't understand is whether an EU citizen (i.e. a former spouse) should be in the UK when the divorce process started.
As home office says after divorce you can use your card untill expiry date which is I will have 3 more years I belive, in 3 years if I marry again with new eu citizen who is living in the UK and holding pre settle allready, what it's gonna be my rights, do I need to make new pre settle or wait 3 years my card to expire then apply retain right or with new eu partner apply again pre settle? What do. You think guys, if I marry again I could follow my steps with my new partner or with my ex?

dellledd911
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Sri Lanka

Re: EEA Pre-settled granted - what if divorce ??

Post by dellledd911 » Tue Jan 14, 2020 11:16 pm

inesbankole wrote:
Thu Dec 26, 2019 7:20 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi obie, Merry christmas.

Does it mean i can still the pre settled status i have right now and travel with my eu residence card?

I have divorced already and applied again to the settlement scheme under RoR.


It is been a month and no decision yet.

So since the previous pre settled status is still valid. I was wondering if i can travel using that and my EU residence card to travel and come back to the UK with no issues ?
Thanks a lotfor the reply
I applied for settlement after divorce and it took me 4 months to get pre-settled status. I had to make numerous calls to escalate to get it done.

My only doubt is, I was granted a EEA Family member card 3 years ago for 5 year period. Our marriage ended after 3 and half months. Now can I apply for ILR after 1 and half years? or do I need to wait for 5 years from the date Pre-Settled was granted?

goodpartner
Junior Member
Posts: 95
Joined: Thu Mar 22, 2018 4:22 am
Ukraine

Re: EEA Pre-settled granted - what if divorce ??

Post by goodpartner » Wed Jan 15, 2020 10:58 am

You can apply for settle-status after 5 years from the date of marriage. Or if you married abroad, from the day you entered UK as a married to EU citizen.

Though, my question to you, could you be in employment while you waited for pre-settled status (retained rights, I suppose)





dellledd911 wrote:
Tue Jan 14, 2020 11:16 pm
inesbankole wrote:
Thu Dec 26, 2019 7:20 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi obie, Merry christmas.

Does it mean i can still the pre settled status i have right now and travel with my eu residence card?

I have divorced already and applied again to the settlement scheme under RoR.


It is been a month and no decision yet.

So since the previous pre settled status is still valid. I was wondering if i can travel using that and my EU residence card to travel and come back to the UK with no issues ?
Thanks a lotfor the reply
I applied for settlement after divorce and it took me 4 months to get pre-settled status. I had to make numerous calls to escalate to get it done.

My only doubt is, I was granted a EEA Family member card 3 years ago for 5 year period. Our marriage ended after 3 and half months. Now can I apply for ILR after 1 and half years? or do I need to wait for 5 years from the date Pre-Settled was granted?

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