Help Needed for EUSS Pre-settled: Separation of Durable Partners

seekingadvice87 wrote: ↑

Fri Feb 10, 2023 8:33 pm

Hi,

You need to let HO know of your change in circumstances as your status is based on her being your sponsor so that once you apply for retained rights and it's granted, you won't need your spouse' details when the time comes to apply for settled status hence the importance of notifying the HO now. Good luck!

I'm in a very similar situation. All I'm concerned about is after notifying HO, I will be not eligible for applying for settled status. If not notifying HO, then my partner could be at risk of not being able to sponsoring a new person?
There are lots of different statements on the internet so I got very confused.

What's is EUSS family permit? Sorry I don't have much knowledge on this. I thought all EEA family permit stopped being valid after 30 June 2021.

maud0111 wrote: ↑

Mon Feb 20, 2023 9:23 pm

All I'm concerned about is after notifying HO, I will be not eligible for applying for settled status.

Not necessarily it seems, see https://the3million.org.uk/faq/pss-ss-r ... brokendown

ah thank you for link. It says you have retained the right of residence if you are a married partner or in civil relationship but we're not married yet..

maud0111 wrote: ↑

Mon Feb 20, 2023 9:29 pm

What's is EUSS family permit? Sorry I don't have much knowledge on this. I thought all EEA family permit stopped being valid after 30 June 2021.

This is under the EU Settlement Scheme.
See here: https://www.gov.uk/family-permit

Hi everyone,

I really need some help in clarifying my visa questions as I've been searching all over the Internet and they all have different answers. To summarise everything in a timeline:

03.23.2020 Applied EUSS
03.28.2020 Applied EEA family permit (as I was told that I need proof of relationship)
31.08.2020 Applied for Tier 2 work visa
10.09.2020 Received EEA residence card valid until 30.06.2021
05.11.2020 Received the pre-settled status
09.06.2021 Granted Tier 2 residence permit (not valid anymore)
01.01.2023 Relationship Separation

Questions:
1. Is it absolutely necessary to report about the separation? I found the corresponding link here but it doesn't seem to be specific to EUSS: https://www.gov.uk/visas-when-you-separate-or-divorceI
2. If reporting is needed, after doing so, what could happen to my pre-settled status? Will I still be eligible for settled status after 5 continuous years of residence?
3. If I am eligible for settled status, from which year and month can I start to apply?
4. Now my ex-partner wants to sponsor a new partner (I'm guessing only a marriage visa will work otherwise EUSS needs 2 years of joint residence), is it possible for him to get married and apply for a marriage visa for the new partner by this May?
5. If we don't report separation, will there be risks of failure of their marriage visa application?
6. What are the routes for me to go for indefinite leave to remain if I failed for settled status?
7. If I stay with a new partner, will I still be eligible for settled status after 5 continuous years of residence?

I'm in a messy situation so would appreciate any responses.

meself2 wrote: ↑

Mon Feb 20, 2023 9:33 pm

maud0111 wrote: ↑

Mon Feb 20, 2023 9:23 pm

All I'm concerned about is after notifying HO, I will be not eligible for applying for settled status.

Not necessarily it seems, see https://the3million.org.uk/faq/pss-ss-r ... brokendown

Have you reported the separation? I'm worried about the status being reverted after reporting.

If you are an unmarried partner, your right to reside in the UK ends when your relationship ends. You are unlikely to qualify for Settled Status if your relationship has ended.

Your EU partner cannot sponsor two people at the same time. This will be an instant red flag to UKVI.

You will have to find a visa category under the immigration rules that you qualify for.

Also please do not tag your questions onto other members topics where the circumstances are not the same as yours as a durable partner.

7. If I stay with a new partner, will I still be eligible for settled status after 5 continuous years of residence?

No as your relationship will have started after the cut off date for EU and non EU partners and you will only have the UK Immigration routes which are more expensive available to you and a new 5 year route to ILR.