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living together isn't a requirement.Ferozekhan wrote: ↑Mon Jun 07, 2021 11:08 pmI am a non-EU national and having Pre-Settled status and husband of an EU national(she has settled status). Married for more than 3 years and living in UK for more than 2 years. BUT since start me & wife are not living together due to some personal reasons. Both of us are in full-employment in UK. If we go for separation/divorce, will I be able to apply for Retained Rights of Residence. Keeping in mind, both conditions are fulfilled i,e., marriage over 3 years and both living in UK for more than 1 year. BUT since we are not living together, will it affect my application for retained rights?
Not a particular area where I have expertise, but I can say that it is always easier and faster to get the status while still legally married. Being separated (not living together) does not end the legal marriage in itself, so one is still legally married while living apart.vetchololass87 wrote: ↑Tue Jun 08, 2021 2:20 pm@Kamoe, what is your opinion about the Retained rights route under EUSS?
@Kamoe Totally agreed with you, indeed always easier to apply while still married.kamoe wrote: ↑Tue Jun 08, 2021 3:52 pmNot a particular area where I have expertise, but I can say that it is always easier and faster to get the status while still legally married. Being separated (not living together) does not end the legal marriage in itself, so one is still legally married while living apart.vetchololass87 wrote: ↑Tue Jun 08, 2021 2:20 pm@Kamoe, what is your opinion about the Retained rights route under EUSS?
If the OP is in good terms with their spouse, it's not unwise to try and wait until they both get Settled Status to get the divorced finalised. If this is too long of a wait and it is inconvenient for one or both of the parties (e.g. one of them wanting to get married soon), in my opinion (as in that's what I'd do, not what might be convenient for everybody) only then makes sense to consider retained right of residence. It is always much more straightforward to apply while still married (see this post).
You almost confused me, for a moment I thought you were the OP. I hope you can see how hijacking someone else's post is inconvenient.vetchololass87 wrote: ↑Wed Jun 09, 2021 10:31 am
@Kamoe Totally agreed with you, indeed always easier to apply while still married.
However in my case, I'm not in good term with my wife and divorce will be pronounced soon. I have pre-settled status and she has settle status and i know her UAN number. I have documentation to prove that i have been married for 3 years and lived together for 1 year.
In what grounds the HO can reject the application? i know HO can be difficult sometimes, just wanted to know if you have friends who had to go through ROR.
Thanks
vetchololass87 wrote: ↑Tue Jun 08, 2021 2:20 pmWe got married outside UK/EU and we never registered our marriage in UK. I am not sure if there is any rule to register OR it is already registered as I was given Family Permit to enter UK (before my Pre-Settled status) on the basis of that marriage certificate. Can I show that marriage certificate as proof of our marriage?Ferozekhan wrote: ↑Mon Jun 07, 2021 11:08 pm
You will qualify for settle status after 5 years of marriage if:
- you have been Married for more than 3 years and BOTH have been living in the UK for more than 1years
As long as you can prove it, sleep in peace you will get your settle status.
Even then if still it ended up in divorce, what would be the merits of my case to apply for stay in the UK? It would be a huge step thats why I have to make sure I am not doing any mistake. So precisely, married for more than 3 years, I am in UK for more than 2 years with pre-settled status ending in 2024. Marriage done outside UK/EU and not registered in UK (well thats what I assume) Not living together with the wife and thinking to end this marriage and move on.kamoe wrote: ↑Tue Jun 08, 2021 3:52 pmIf this is too long of a wait and it is inconvenient for one or both of the parties (e.g. one of them wanting to get married soon)vetchololass87 wrote: ↑Tue Jun 08, 2021 2:20 pm@Kamoe, what is your opinion about the Retained rights route under EUSS?
I think this is where you might find difficulties. I believe you need to demonstrate that your marriage is not one of convenience, that is, that you were a genuine couple during your married time.Ferozekhan wrote: ↑Mon Jun 07, 2021 11:08 pmBUT since start me & wife are not living together due to some personal reasons.
