EEA Pre-settled granted - what if divorce ??

askmeplz82 wrote: ↑

Wed May 08, 2019 11:38 pm

I am sure you need to apply again ...

it doesn't make sense because after divorce you don't have right to reside because you are no longer EEA family member . so you need to apply again pre settled status and transfer that right to you so you are no longer dependent of an eu national

Presettled and Settled status are under UK law and therefore, once you are granted, you are not dependent any more what I see.

If you are talking about EEA residency type then you would be right. Because it is under EU regulations and when you loose your EEA sponsor then you need to ask to UK to retain your right of residence. (If you meet with the requirements...)

You trying to tell me an EEA FAMILY MEMBER who came to this country let say 1 month ago with his EEA SPOUSE and apply for PRE SETTLEMENT scheme and it been approved for 5 years he don't need to depend on his EEA SPOUSE anymore ? He is only here in the UK for 1 month and living together 1 month

askmeplz82 wrote: ↑

Wed May 08, 2019 11:54 pm

You trying to tell me an EEA FAMILY MEMBER who came to this country let say 1 month ago with his EEA SPOUSE and apply for PRE SETTLEMENT scheme and it been approved for 5 years he don't need to depend on his EEA SPOUSE anymore ? He is only here in the UK for 1 month and living together 1 month

Yes, because aim of to have presettled/settled status is to transfer EU based rights to UK system under UK law. There won't be any more EU rights once Brexit happen. EU or NON-EU won't make any difference, the only difference will be foreign who has leave to remain(presettled) or indefinite leave to remain(settled).

Also, that is why in EU Scheme COA and Bio cards, there is no status mentioned like "Family member of an EU"
or smth similar. There is only type of permit: Leave to remain and work permitted for 5 years (for instance presettled) , in COA it says eligible to apply to settled

I found this in FREEDOM OF INFORMATION REQUEST WEBSITE ...

askmeplz82 wrote: ↑

Thu May 09, 2019 12:07 am

I found this in FREEDOM OF INFORMATION REQUEST WEBSITE ...

*Yes but it is for those who already seperated and having retained right of residence... (it is about to be eligible for EU settlement scheme or not)

*We are talking about who already granted presettled status. (This is already applied to the scheme and granted the status)

You see the difference?

SORRY spoke to Home Office Case worker ( not helpdesk ) and they told me If you apply for pre settled status as a family member of an Eu national you are still considered EU family member under brexit draft agreement. So if you future if you apply for PR OR RETAINED RIGHT OF RESIDENCE still you will have send EEA NATIONAL PASSPORT / RESIDENCY PROOF / PROOF OF LIVING TOGETHER IN THE UK / AND EU NATIONAL WAS LIVING ON THE DATE DIVORCE FINALISED

i will verify this with the HOME OFFICE SENIOR CASE WORKER. wait for few days ..

askmeplz82 wrote: ↑

Sun May 12, 2019 7:12 pm

SORRY spoke to Home Office Case worker ( not helpdesk ) and they told me If you apply for pre settled status as a family member of an Eu national you are still considered EU family member under brexit draft agreement. So if you future if you apply for PR OR RETAINED RIGHT OF RESIDENCE still you will have send EEA NATIONAL PASSPORT / RESIDENCY PROOF / PROOF OF LIVING TOGETHER IN THE UK / AND EU NATIONAL WAS LIVING ON THE DATE DIVORCE FINALISED

i will verify this with the HOME OFFICE SENIOR CASE WORKER. wait for few days ..

Hmm, I see, I cannot say %100 that I am right, I was just saying based on what home office replied and COA received etc. If you could get like rapid rule so please update us then.

By the way, I was traveling this weekend, in border control, they cheked my card and called senior officer, they all investigated and told me that I am holding a status(no longer EEA dependent) and with this status i am as induvidual and free to be in/out or stay(In luton airport), so very confusing...

askmeplz82 wrote: ↑

Sun May 12, 2019 7:12 pm

SORRY spoke to Home Office Case worker ( not helpdesk ) and they told me If you apply for pre settled status as a family member of an Eu national you are still considered EU family member under brexit draft agreement. So if you future if you apply for PR OR RETAINED RIGHT OF RESIDENCE still you will have send EEA NATIONAL PASSPORT / RESIDENCY PROOF / PROOF OF LIVING TOGETHER IN THE UK / AND EU NATIONAL WAS LIVING ON THE DATE DIVORCE FINALISED

i will verify this with the HOME OFFICE SENIOR CASE WORKER. wait for few days ..

And one more thing, you are still talking about IF YOU APPLY PRE SETTLED status... I am telling to you that I agree with you, while applying you must meet all criteria, I am talking about AFTER GRANTING PRE SETLLED STATUS(for those who ALREADY GRANTED) not about those who are going to apply

I do not know how can I explain it better to you then, so please ask to that senior caseworker about who holds pre settled not about who are going to apply for it...

I asked this question

Someone who send pre settled application never had residence card before ( those who came very recently ) and in few years time if they breakup what application non Eu will send

That what he said “ we agreed with the EU that under EU settlement scheme they won’t require exercise treaty right of an EU National on the date of divorce . Rest of them same like before
Major difference is previously Eu national sponsor need to exercising treaty right on the date of divorce finalised to transfer that right to non Eu family member and now it’s residency “

askmeplz82 wrote: ↑

Sun May 12, 2019 10:09 pm

I asked this question

Someone who send pre settled application never had residence card before ( those who came very recently ) and in few years time if they breakup what application non Eu will send

That what he said “ we agreed with the EU that under EU settlement scheme they won’t require exercise treaty right of an EU National on the date of divorce . Rest of them same like before
Major difference is previously Eu national sponsor need to exercising treaty right on the date of divorce finalised to transfer that right to non Eu family member and now it’s residency “

Well, there is no info about this on any of web site or any of Home Office resolution center or even border police does not say such thing. There is also no route to apply in case of seperation as they say that no need for presettled/settled granted people. Still I cannot say %100 that it is right but what i can say is I am not talking about theories, I have this status, I contacted home office, i also travelled and spoke to border police so all says no dependency. But, may be it is quite new and unclear, time will show more then...

Eventually, I can refer this article where Ican clearly see what are the rights for settled/presettled status,

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

i am 100% sure this will apply when you apply for new settled status .

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;
and
• meet one of the following:
prior to the initiation of the proceedings for the termination of the marriage least 3 years and the parties to the marriage had been resident in the UK for a continuous qualifying period of at least one year during its duration

One of the requirement for SETTLED STATUS IS you need to be EEA FAMILY MEMBER for 5 years OR if divorced marriage should lasted 3 years before divorce providing began So technically if you are divorced in less then 3 years you are not relevant EEA family member so your application with be VOID.

hi there i speak with the home office and they confirmed it if you once granted pre settle status you don,t need to apply again in case of divorce .you have to apply again only when you are eligible for settle status
this is what reply they send me
Thank you for your question about what the EU Settlement Scheme is and who should apply.



"Thank you for your question about what the EU Settlement Scheme is and who should apply.



Regarding your query, as you have stated, divorce proceedings have begun between you and your wife.



You do not need to re-apply for pre-settled status as you have already been granted this status.



Depending on your circumstances when you have completed 5 years residency in the UK, you may be eligible to apply for Settled Status under retained rights through your wife/ex-wife You can read about how you qualify as a family member and retained rights within the link below:



https://assets.publishing.service.gov.u ... e_2018.pdf



Please note that the Home Office does not provide immigration advice. If you need advice on your individual circumstances, you should contact an Immigration Advisor registered with the Office of the Immigration Services Commissioner (OISC). See:

www.gov.uk/government/organisations/off ... mmissioner.


Please see the Statement of Intent for Retained right of residence - paragraph 6.9
https://assets.publishing.service.gov.u ... e_2018.pdf



You can continue using your current Residence Card. However, you will not receive a new card when this expires. The EU Settlement Scheme is a digital process and your status will be linked to the Identity Document you use during the application process.



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://www.homeofficesurveys.homeoffic ... k/s/KKAJ8/.

and here this was the mail which i sent

hi there here is my situtaion married to eu partener 2015 october got residence card in 2017 got pre settle status in 2019 feb divorce proceeding starts in april 2019. 1 shuold i need to appply again after divorce ? 2 if not what doucments i need to sppourt my appliction for settle status later on when i will be eligible? 3 while travling back to uk what will be my respose to border officer about partner as in the system it still gonna show as married if i did not apply after divorce? 4my rc will expire in 2022. home office web says no doucments will be valid after decmber 2020 which are issued under eu law. will i get new rc card.? a breif response will be much appreciate.

Their response is very confusing. What happens if your ex-spouse leaves the country during 5 years of your BRP?
It sounds to me that you can still live here until your BRP expires, but you can't apply for a settled status after that.

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

So imagine you divorced your wife 2 years after marriage and then you continue using pre settled d status BRP what would happen when you travel outside the country

Don’t you think IO at the border / airport will ask you where is your Eu sponsor ? If you said I am divorced ( after 2 years ) they will still let you in ?

I don’t think would like to take that risk when coming back . What if your BRP under Eu Settlement Scheme is revoked because you are not relevant Eu family member anymore and marriage didn’t last 3 years ?

askmeplz82 wrote: ↑

Mon May 13, 2019 1:21 pm

So imagine you divorced your wife 2 years after marriage and then you continue using pre settled d status BRP what would happen when you travel outside the country

Don’t you think IO at the border / airport will ask you where is your Eu sponsor ? If you said I am divorced ( after 2 years ) they will still let you in ?

I don’t think would like to take that risk when coming back . What if your BRP under Eu Settlement Scheme is revoked because you are not relevant Eu family member anymore and marriage didn’t last 3 years ?

I said this to you that with pre-settled there is no connection to EEA spouse, so, while you are travelling no issue at all. I traveled, I also talked with border police at the airport and they confirmed. Pre-settled status is not the same as other EEA/EEA2 residency. With pre-settled status you are having individual status with no depency to any one.

Home office is also confirming it when I contact them and as you see when the other contact home office, they receive similar response.

I really dont understand you, why you are trying to make some theories without any source? If you have any article or email or writen source, then please share it so we can also see. otherwise, you are just missleading.

Of course no offence, just trying to make the things clear

aw17 wrote: ↑

Mon May 13, 2019 12:05 pm

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

Blacksea28 wrote: ↑

Mon May 13, 2019 6:40 pm

aw17 wrote: ↑

Mon May 13, 2019 12:05 pm

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Blacksea28 wrote: ↑

Mon May 13, 2019 7:06 pm

Blacksea28 wrote: ↑

Mon May 13, 2019 6:40 pm

aw17 wrote: ↑

Mon May 13, 2019 12:05 pm

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

Maybe I'm missing something obvious, but can someone explain how it's possible to switch from pre-settled to settled in case of Retained Right of Residence?

E.g. in marriage 3 years, living together in the UK for 3 years, both received pre-settled status, and after that divorced.
What happens when 5 years reached by non-EEA ex-spouse? Can they apply independently or only if their EEA ex-spouse apply as well?

CR001 wrote: ↑

Tue May 14, 2019 8:02 am

Blacksea28 wrote: ↑

Mon May 13, 2019 7:06 pm

Blacksea28 wrote: ↑

Mon May 13, 2019 6:40 pm

aw17 wrote: ↑

Mon May 13, 2019 12:05 pm

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

Blacksea28 wrote: ↑

Tue May 14, 2019 1:42 pm

CR001 wrote: ↑

Tue May 14, 2019 8:02 am

Blacksea28 wrote: ↑

Mon May 13, 2019 7:06 pm

Blacksea28 wrote: ↑

Mon May 13, 2019 6:40 pm

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

CR001 wrote: ↑

Tue May 14, 2019 2:37 pm

Blacksea28 wrote: ↑

Tue May 14, 2019 1:42 pm

CR001 wrote: ↑

Tue May 14, 2019 8:02 am

Blacksea28 wrote: ↑

Mon May 13, 2019 7:06 pm

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

Blacksea28 wrote: ↑

Tue May 14, 2019 4:37 pm

CR001 wrote: ↑

Tue May 14, 2019 2:37 pm

Blacksea28 wrote: ↑

Tue May 14, 2019 1:42 pm

CR001 wrote: ↑

Tue May 14, 2019 8:02 am

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

Useful if you look at the 'OVERVIEW' tab of the link posted, which states it clearly!!!

Overview
You can apply for indefinite leave to remain (settlement) if you’re in the UK on a:

Turkish Worker visa
Turkish Businessperson visa

Also useful for members NOT to confuse visas under the UK Immigration Rules route to ILR with the EU settlement scheme for EU citizens and EU FM.