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Retention right of residence with child custody

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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luckleeomo
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Posts: 3
Joined: Sat May 23, 2020 6:15 pm

Retention right of residence with child custody

Post by luckleeomo » Sat May 23, 2020 6:50 pm

please help me. Am a non eu nation but married to an EU national for two years. she wants to divorce me. I have a 5 years pre settlement status right now. got that in the beginning of 2020. we have a son of 2years old. after she divorce me, do I have to leave the country(uk) or could i stay with retain right due to the fact that i have access to my child?

1. does my pre settlement become invalid?
2. should i apply for retain right?
3. How do i apply for retain right?

I range the immigration (Eu settlement scheme) and they said i can keep my document for 5years, I do not have to apply, I should only apply when my Pre settle status is over. when am looking to apply for the PR.

How true is this? this is so confusing because some people are saying that i will need to apply for the retain right as soon as my marriage is over. please help

Obie
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Posts: 14590
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Retention right of residence with child custody

Post by Obie » Sat May 23, 2020 6:57 pm

It is only dependent family member or extended who do not need to show they are dependent in order to maintain their status.

However if you divorce, you will lose right to the presettled status and it could be revoked or curtail, unless you qualify in another capacity.

323(iii) of the rules permits the Home office to curtail your leave to remain..

https://www.gov.uk/guidance/immigration ... or-refusal

The only people who will be exempted from these provisions are dependent family members by virtue of EU4 of Appendix EU.
Seasons greetings to everyone and a prosperous 2020

luckleeomo
Newly Registered
Posts: 3
Joined: Sat May 23, 2020 6:15 pm

Re: Retention right of residence with child custody

Post by luckleeomo » Sat May 23, 2020 10:19 pm

Hi
I think you getting the whole thing wrong.

Free Movement Rights: retained
rights of residence

Access to the child of the EEA national – regulation 10(5)(d)(iii)
The applicant must provide evidence that:
• they have a right of access to the child, under the age of 18, of the EEA
national, for example a court order
• a court has ordered that the access must take place in the UK

Obie
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Posts: 14590
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Location: UK/Ireland
Ireland

Re: Retention right of residence with child custody

Post by Obie » Sun May 24, 2020 12:44 am

luckleeomo wrote:
Sat May 23, 2020 10:19 pm
Hi
I think you getting the whole thing wrong.

Free Movement Rights: retained
rights of residence

Access to the child of the EEA national – regulation 10(5)(d)(iii)
The applicant must provide evidence that:
• they have a right of access to the child, under the age of 18, of the EEA
national, for example a court order
• a court has ordered that the access must take place in the UK
I accept that. That rule and law exist. The point i am making is, that pre-settled was issued on the basis of your marriage, if it comes to an end, it will not be valid, you will need to apply on the basis of a retained right of residence.
Seasons greetings to everyone and a prosperous 2020

luckleeomo
Newly Registered
Posts: 3
Joined: Sat May 23, 2020 6:15 pm

Re: Retention right of residence with child custody

Post by luckleeomo » Sun May 24, 2020 11:20 am

I range the immigration (Eu settlement scheme) and they said i can keep my document for 5years, I do not have to apply, I should only apply when my Pre settle status is over. when am looking to apply for the PR.

They said i cannot apply. that i have to wait.

They said to apply for it, i needed my spouse, but once I have it am not under her anymore. thats why her name is not included in the biometric card. they said its a new law brought forward a year ago that many people does not know about.

Pre settled status is granted under british law and despite the fact that you are linked to a sponsor, it is an individual status(meaning no one would care about your family member at the border when you are coming back in.To go further, with an EEA residence card, the law states that you must be coming back with or to meet your family member in the UK; reason why people with such status could be asked about their family members on return to the UK, but with presettled status you are not expected to be travelling with or coming in to meet your family member as you have a status solely for you.

To get more info why dont you just ring immigration (Eu settlement scheme) and get the information from them. their number is free. EU Settlement Scheme Resolution Centre by telephone: Inside the UK 0300 123 7379 Outside the UK + 44 (0) 20 3080 0010 Find out about call charges.

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
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Re: Retention right of residence with child custody

Post by Obie » Sun May 24, 2020 11:40 am

Well i do not need to call them really, as there is nothing they can add to my knowledge of the law. To be fair on them, they are not lawyers or legal adviser, and therefore do not really expect them to know much.

Only thing i blame them for, is the failure to inform customers or callers that they are not supposed to or qualified to give advise.

Suffice to say, i stand by the views i expressed above.

Unlike dependents who by virtue of EU4, do not need to rely on EU national at all, spouse do baaed on my reading of the law.
Seasons greetings to everyone and a prosperous 2020

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CR001
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Re: Retention right of residence with child custody

Post by CR001 » Sun May 24, 2020 8:18 pm

luckleeomo wrote:
Sat May 23, 2020 6:50 pm
please help me. Am a non eu nation but married to an EU national for two years. she wants to divorce me. I have a 5 years pre settlement status right now. got that in the beginning of 2020. we have a son of 2years old. after she divorce me, do I have to leave the country(uk) or could i stay with retain right due to the fact that i have access to my child?

1. does my pre settlement become invalid?
2. should i apply for retain right?
3. How do i apply for retain right?

I range the immigration (Eu settlement scheme) and they said i can keep my document for 5years, I do not have to apply, I should only apply when my Pre settle status is over. when am looking to apply for the PR.

How true is this? this is so confusing because some people are saying that i will need to apply for the retain right as soon as my marriage is over. please help
Please do not tag your question onto other topics. Stick to this topic, which is yours, where you are already getting advice!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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