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EEA SETTLE STATUS AND DIVORCE PROCEEDINGS

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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BootaKHAN
Newbie
Posts: 39
Joined: Fri Apr 19, 2019 3:08 pm
United Kingdom

EEA SETTLE STATUS AND DIVORCE PROCEEDINGS

Post by BootaKHAN » Fri Apr 19, 2019 3:23 pm

Hello all ,

I would like to ask question , and if any one can guide to right direction.

1- I’m None EEA National, married to German National for past 8 years. I have EEA residence permit , valid till 2022 , we both are working for past 8 year in UK but never applied to PR .
2- we also hold new EEA settle status or it say in email ILR under immigration rule .
3- we are already halfway through to our divorce proceedings and will be getting finial degree at of month .

My question is , do I need to apply for None EEA retention permit because I have not issued anything for eea settlement status apart from an email or online status.
As this is new immigration category and most of lawyers have no information yet .
Thanks in advance
Boota Khan

BootaKHAN
Newbie
Posts: 39
Joined: Fri Apr 19, 2019 3:08 pm
United Kingdom

Re: EEA SETTLE STATUS AND DIVORCE PROCEEDINGS

Post by BootaKHAN » Fri Apr 19, 2019 9:26 pm

Obi or anyone else please if I get any feedback

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA SETTLE STATUS AND DIVORCE PROCEEDINGS

Post by Obie » Fri Apr 19, 2019 9:41 pm

If you have married for more than 5 years as you claim, to a person who has been exercising treaty rights for a period of over 5 years, then you have arguably acquired the rights of permanent residence, and there likely to be no issue if you divorce.
Smooth seas do not make skilful sailors

BootaKHAN
Newbie
Posts: 39
Joined: Fri Apr 19, 2019 3:08 pm
United Kingdom

Re: EEA SETTLE STATUS AND DIVORCE PROCEEDINGS

Post by BootaKHAN » Fri Apr 19, 2019 10:01 pm

Thanks obi , but to acquire with out valid physical PR status issued by UKBA , is not accepted anymore I read somewhere . Also one need to have physical proof of PR issued by hone office in order to apply nationality .

As I don’t have any physical proof/ we never applied one .

Only thing I’ve now is my current residence card which is still valid and settle status confirmation from UKBA by email. I’m confused as if my residence card will be invalid once divorce finalised according to EU law / UKBA ( until withdrawal agreement) which describes once relationship terminated then RC also become invalid and one need to apply ROR . Please see attached picture for current confirmation under settle status.

Quote from email received ‘’


I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Indefinite Leave to Remain (ILR) in the United Kingdom, under Appendix EU to the Immigration Rules. This is also referred to as settled status. Your status takes effect from the date of this letter, which can be found above.
Your settled status in the UK can be confirmed online through the Home Office online checking service: 'View and Prove your Rights in the UK': view-and-prove-your- rights.homeoffice.gov.uk.

You may use the online service to show your settled status in the UK.

**This letter is not proof of your status.**


Important information about viewing your status online and about your status and rights is included below.
If you have any questions or would like to discuss this letter, details on contacting us can be found on our website: https://eu-settled-status-enquiries.service.gov.uk.
Yours sincerely,
UKVI European Casework
On behalf of the Secretary of State
Important information


Your status
As you now have settled status there is no time limit on how long you can stay in the UK.
Your settled status gives you the right to stay in the UK under UK immigration law. At the same time, until 31 December 2020, you can also continue to rely on any rights you have as an EU citizen or family member of an EU citizen: https://www.gov.uk/right-to-reside.

BootaKHAN
Newbie
Posts: 39
Joined: Fri Apr 19, 2019 3:08 pm
United Kingdom

Re: EEA SETTLE STATUS AND DIVORCE PROCEEDINGS

Post by BootaKHAN » Mon Apr 22, 2019 10:58 am

I’m sorry to be pain again . Please If any other can shed some light .

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