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Blacksea28 wrote: ↑Sun May 19, 2019 9:36 pm
What is different than EE family permit is that they do not cancel your BRC as with EEA you are fully dependent to EEA family member. So with pre-settled, you have it for the following 5 years.
And the other thing that ROR criteria is also better than previous EEA Ror criteria. I.e. if marriaged lasted 3 years or more and 1 year lived together in the UK then you are entitled to get settled status(no treaty rights, spouse ID etc, requirement as before) very simple than before
A few people already asked to HO and got reply and posted in previous pages already...askmeplz82 wrote: ↑Tue May 21, 2019 9:29 amBlacksea28 wrote: ↑Sun May 19, 2019 9:36 pm
What is different than EE family permit is that they do not cancel your BRC as with EEA you are fully dependent to EEA family member. So with pre-settled, you have it for the following 5 years.
And the other thing that ROR criteria is also better than previous EEA Ror criteria. I.e. if marriaged lasted 3 years or more and 1 year lived together in the UK then you are entitled to get settled status(no treaty rights, spouse ID etc, requirement as before) very simple than before
“ Once pre-settled status has been granted it can only lapse if a supervening event has occurred or if you spend more than 2 years in a row outside the UK “
This is from EU resolution team . I am
Still waiting to hear from EU Settlement Scheme caseworker who would know better . It was freedom of information request so can take 1 month to get a reply
EU Settlement Scheme is under British law, not like EEAaskmeplz82 wrote: ↑Tue May 21, 2019 10:08 pmso they can revoke pre settled status if supervening event occurred and one of them Is .
Regulation 23 of the EEA regulation 2006
A person is not entitled to be admitted to the United Kingdom as the family member of an EEA national under regulation 11(2) unless, at the time of arrival—
(a)that person is accompanying the EEA national or joining the EEA national in the United Kingdom; and
(b)the EEA national has a right to reside.
Right to reside under EEA LAW : if you’re from the EU, EEA or Switzerland and you’re one of the following:
employed
self-employed
registered as a jobseeker
self-sufficient
a student
Right to Reside Under settlement Scheme: Continues residence in the UK So technically if your EEA family member left the UK permanetly before your completed 3 years in the UK if married or 5 years as an extended family member they can revoke the pre settled status in the border by Immigration officer .
obviously one can argue that EEA NATIONAL can be outside the UK for 2 years with PS and 5 years with settled status ( this is still subject to parliament approval ) ..
It is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.
So, it is not quite clear from this answer. If a person who was in marriage 3+ years and lived at least 1 year during that time in Uk can not apply for settled status on his own? I don't quite get YOU WOULD STILL REQUIRE A SPONSOR!? Or a person can get settle status based on retained rights of residence?Blacksea28 wrote: ↑Tue May 21, 2019 10:33 pmIt is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.
As a none EU Citizen you would still require a sponsor to apply for Settled status even if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.
One of the following must also apply:
the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
According to HM email, If they meet with one of the following, they can apply to settled by their own.goodpartner wrote: ↑Tue May 21, 2019 11:29 pmSo, it is not quite clear from this answer. If a person who was in marriage 3+ years and lived at least 1 year during that time in Uk can not apply for settled status on his own? I don't quite get YOU WOULD STILL REQUIRE A SPONSOR!? Or a person can get settle status based on retained rights of residence?Blacksea28 wrote: ↑Tue May 21, 2019 10:33 pmIt is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.
As a none EU Citizen you would still require a sponsor to apply for Settled status even if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.
One of the following must also apply:
the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
I contacted HM about this issue exactly and they said you cant apply for pre settled status twice if you have been granted before, even if you get divorced. They continued by saying if you get pre-settled status as someone married to an eu citizen or as an eu citizen or as retained rights they all carry the title "pre-settled status" and not pre settled eu family member nor pre-settled retained rights.. so nobody knows which is which, all you are is pre-settled status holder. your divorce certificate will only be needed when you are due settled status... and they specifically said, by then..just apply with the same documents you applied with for pre-settled and add your divorce certificate, to show you were married for at least 3 years before you divorced.askmeplz82 wrote: ↑Wed May 08, 2019 10:38 pmI 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
dinotinto wrote: ↑Thu May 23, 2019 4:20 pmI contacted HM about this issue exactly and they said you cant apply for pre settled status twice if you have been granted before, even if you get divorced. They continued by saying if you get pre-settled status as someone married to an eu citizen or as an eu citizen or as retained rights they all carry the title "pre-settled status" and not pre settled eu family member nor pre-settled retained rights.. so nobody knows which is which, all you are is pre-settled status holder. your divorce certificate will only be needed when you are due settled status... and they specifically said, by then..just apply with the same documents you applied with for pre-settled and add your divorce certificate, to show you were married for at least 3 years before you divorced.askmeplz82 wrote: ↑Wed May 08, 2019 10:38 pmI 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
Blacksea28 wrote: ↑Thu May 23, 2019 6:20 pmdinotinto wrote: ↑Thu May 23, 2019 4:20 pmI contacted HM about this issue exactly and they said you cant apply for pre settled status twice if you have been granted before, even if you get divorced. They continued by saying if you get pre-settled status as someone married to an eu citizen or as an eu citizen or as retained rights they all carry the title "pre-settled status" and not pre settled eu family member nor pre-settled retained rights.. so nobody knows which is which, all you are is pre-settled status holder. your divorce certificate will only be needed when you are due settled status... and they specifically said, by then..just apply with the same documents you applied with for pre-settled and add your divorce certificate, to show you were married for at least 3 years before you divorced.askmeplz82 wrote: ↑Wed May 08, 2019 10:38 pmI 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
Many people got the same answer from HM, but some people were struggling in order to have ROR status under EEA process in the past and now it is hard for them to see/accept that the process is very simple with EU settlement scheme...
Anyway, that is the process so if you got pre-settled status, you are free from any control for the following 5 years,
and if you meet ROR conditions and want to apply settled status in the future, you just need your divorce paper.
If you do not meet ROR condition, it seems that you cannot apply to settle status after that 5 years.
Thats it
Yes I did travel.dinotinto wrote: ↑Thu May 23, 2019 8:19 pmBlacksea28 wrote: ↑Thu May 23, 2019 6:20 pmdinotinto wrote: ↑Thu May 23, 2019 4:20 pmI contacted HM about this issue exactly and they said you cant apply for pre settled status twice if you have been granted before, even if you get divorced. They continued by saying if you get pre-settled status as someone married to an eu citizen or as an eu citizen or as retained rights they all carry the title "pre-settled status" and not pre settled eu family member nor pre-settled retained rights.. so nobody knows which is which, all you are is pre-settled status holder. your divorce certificate will only be needed when you are due settled status... and they specifically said, by then..just apply with the same documents you applied with for pre-settled and add your divorce certificate, to show you were married for at least 3 years before you divorced.askmeplz82 wrote: ↑Wed May 08, 2019 10:38 pmI 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
Many people got the same answer from HM, but some people were struggling in order to have ROR status under EEA process in the past and now it is hard for them to see/accept that the process is very simple with EU settlement scheme...
Anyway, that is the process so if you got pre-settled status, you are free from any control for the following 5 years,
and if you meet ROR conditions and want to apply settled status in the future, you just need your divorce paper.
If you do not meet ROR condition, it seems that you cannot apply to settle status after that 5 years.
Thats it
Have you travelled with the the pre-settled status before/ do you know anyone who has and what questions were asked at the border(what airport?) on their way back?
Thats cool considering you are still married and not divorced........ when you filled the landing card back then, where you separated? sorry my questions are much..... just trying to get the whole picture... as it just sounds so good to be true, knowing stories of people I have heard in the past getting stopped and some even getting their residence card revoked cos of separation from eea spouseBlacksea28 wrote: ↑Wed May 22, 2019 6:54 amAccording to HM email, If they meet with one of the following, they can apply to settled by their own.goodpartner wrote: ↑Tue May 21, 2019 11:29 pmSo, it is not quite clear from this answer. If a person who was in marriage 3+ years and lived at least 1 year during that time in Uk can not apply for settled status on his own? I don't quite get YOU WOULD STILL REQUIRE A SPONSOR!? Or a person can get settle status based on retained rights of residence?Blacksea28 wrote: ↑Tue May 21, 2019 10:33 pmIt is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.
As a none EU Citizen you would still require a sponsor to apply for Settled status even if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.
One of the following must also apply:
the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
*the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
*you have custody of the EU, EEA or Swiss citizen’s child
*you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
*you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
Try to travel and ask in the border, you will see the difference between having EEA versus pre-settled...dinotinto wrote: ↑Thu May 23, 2019 10:01 pmThats cool considering you are still married and not divorced........ when you filled the landing card back then, where you separated? sorry my questions are much..... just trying to get the whole picture... as it just sounds so good to be true, knowing stories of people I have heard in the past getting stopped and some even getting their residence card revoked cos of separation from eea spouseBlacksea28 wrote: ↑Wed May 22, 2019 6:54 amAccording to HM email, If they meet with one of the following, they can apply to settled by their own.goodpartner wrote: ↑Tue May 21, 2019 11:29 pmSo, it is not quite clear from this answer. If a person who was in marriage 3+ years and lived at least 1 year during that time in Uk can not apply for settled status on his own? I don't quite get YOU WOULD STILL REQUIRE A SPONSOR!? Or a person can get settle status based on retained rights of residence?Blacksea28 wrote: ↑Tue May 21, 2019 10:33 pm
It is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.
As a none EU Citizen you would still require a sponsor to apply for Settled status even if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.
One of the following must also apply:
the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
*the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
*you have custody of the EU, EEA or Swiss citizen’s child
*you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
*you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
Please continue your questions in your existing topic you already have!!Tiktok wrote: ↑Thu Jun 06, 2019 12:57 pmHi guys I'm new here I have problem if any one can give some ideas will be much appreciated thank u
I'm non eu national I came to the UK in 2015 I meet partner eu national Romanian on September 2016 I applied for residence card on June 2018 I got my residence card in august 2018 and we got married on April 2019 and we have baby 8 month's old his eu and British and my partner shes been granted settle status and I been granted pre settled
I just to know if we break up do I have any options to retain right to reside or to remain in the UK because our relationship it's going through bad time.
Thanks lot
Read this topic in all, there is information regarding your question
I have, I was just wondering if we have had more people travel. And for my other question.... no one mentioned if they went through the eu gates yet ... You know, considering it is a new scheme and it is yet to be stable... many of the border force might not even have clear idea of how to admit one back into the uk on the pre settled / settled status yet , as you described earlier in the post yourself, where you had to answer questions at first, before they did their checks and concluded you are not dependent on your partner anymore.It might be going through changes and all. so If any one else travels, please let us know.. thanksBlacksea28 wrote: ↑Thu Jun 06, 2019 8:02 pmRead this topic in all, there is information regarding your question
