TerryGH wrote: ↑Sun May 19, 2019 9:15 pm
And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?
If you are granted pre-settled status, you do not need to apply ROR or you do not need to change your status, you are not depency of anyone during that 5 years.
But in the future(i.e. after 5 years of having pre-settled), if you wish to apply for settled status you need to meet the criteria as ROR,
So as a resulted, if you want to get settled status after 5 years, then, you need to meet ROR criteria or find another sponsor or leave the UK
https://www.gov.uk/government/publicati ... ocess-work
6.9. Under the Free Movement Directive, some family members retain the right of residence after their relationship with an EU citizen resident in the UK has ended. Where they are themselves an EU citizen, they will be able to rely on their own continuity of residence to apply for status under the scheme. Otherwise, these family members will be able to rely on the retained right of residence as well as their earlier continuous residence as a family member of an EU citizen to establish their eligibility for settled status (indefinite leave to remain) after five years’ continuous residence in total, or for pre-settled status (five years’ limited leave to remain), in the following circumstances:
The applicant is a non-EU citizen family member of an EU citizen who was continuously resident in the UK by 31 December 2020 and that EU citizen has died; and the applicant was continuously resident in the UK as their family member for at least a year immediately before their death; or
The applicant is the child of an EU citizen who was continuously resident in the UK by 31 December 2020 and that EU citizen has died (or of their spouse or civil partner immediately before their death) – or is the child of an EU citizen who was continuously resident in the UK by 31 December 2020 and then ceased to be so (or of their spouse or civil partner at that point) – and the child was attending an educational course31 in the UK immediately before the EU citizen died or ceased to reside in the UK, and continues to attend such a course; or
The applicant is an EU citizen or non-EU citizen who is the parent with custody of such a child (meaning that the child normally lives with them or does so part of the time, and includes arrangements which have been agreed informally and those which are subject to a court order for determining with whom the child is to live and when); or
The applicant is a non-EU citizen who ceased to be a family member of an EU citizen who was continuously resident in the UK by 31 December 2020 on the termination of their marriage or civil partnership with that person; the applicant was resident in the UK at the date of the termination; and one of the following applies:
(a) Prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been continuously resident in the UK for at least one year during its duration; or
(b) The applicant has custody of a child of the EU citizen (as above); or
(c) The applicant has the right of access to a child of the EU citizen, where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or
(d) The continued right of residence in the UK of the applicant is warranted by particularly difficult circumstances, such as where the applicant or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting.
