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Applying for retained right of residence

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

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LenaBelarus
Newly Registered
Posts: 4
Joined: Mon Jan 29, 2018 6:49 pm
Belarus

Applying for retained right of residence

Post by LenaBelarus » Mon Jan 29, 2018 7:09 pm

Hi, I need some advice.
I'm non-EU national, was married to EU national for 6 years.
We have divorced, just received decree absolute.
My EEA family member residence permit expired last month.
I can't apply for PR as I've been living in the UK for only 2.5 years continuously.
The only option is retained right of residence, right?
However, I don't work and can't find a job because no valid residence permit.
Do I have any chance with retained right?

pola 23
Member
Posts: 145
Joined: Sat Nov 11, 2017 9:09 pm
Poland

Re: Applying for retained right of residence

Post by pola 23 » Mon Jan 29, 2018 8:02 pm

For retained of right you need to prove few things.
1.You should be married for atleast 3 years.
2.lived together in UK for 1 Year
3.EEA National should be working during divorce and after divorce Non EU should be working
4.EEA original ID or Passport (stupid requirement?

What you mean your Family permit just expired last month?you didn't apply for Residence Card?

I'm not a lawyer so if I'm wrong then senior moderator will correct me.tnxs

LenaBelarus
Newly Registered
Posts: 4
Joined: Mon Jan 29, 2018 6:49 pm
Belarus

Re: Applying for retained right of residence

Post by LenaBelarus » Mon Jan 29, 2018 8:18 pm

2.lived together in UK for 1 Year
Do I have to prove to HO that we lived together or just at the same time (separated)?
We were living together for 2 years, but it was 4-5 years ago, and I have no proof. Then we left the UK, and upon our return 2.5 years ago, we separated almost immediately.

3.EEA National should be working during divorce and after divorce Non EU should be working
This is a problem... I don't see how I can find a (legal) job without a valid residence permit...

pola 23
Member
Posts: 145
Joined: Sat Nov 11, 2017 9:09 pm
Poland

Re: Applying for retained right of residence

Post by pola 23 » Mon Jan 29, 2018 8:54 pm

You said you lived 2 n half years with ur Ex in Uk so during this time so you didn't apply for 5 year residence card?
Was you EX working during divorce until it finalised?
I think you need to prove that you lived 1 year together ..sending you link so maybe it helps..


https://www.gov.uk/government/uploads/s ... e-v3_0.pdf

LenaBelarus
Newly Registered
Posts: 4
Joined: Mon Jan 29, 2018 6:49 pm
Belarus

Re: Applying for retained right of residence

Post by LenaBelarus » Mon Jan 29, 2018 9:26 pm

Residence permit is the same as a residence card and is valid for 5 years too, it's a stamp in passport.

pola 23
Member
Posts: 145
Joined: Sat Nov 11, 2017 9:09 pm
Poland

Re: Applying for retained right of residence

Post by pola 23 » Tue Jan 30, 2018 12:10 am

When did your Residence permit expired and when did you get your decree absolute?

LenaBelarus
Newly Registered
Posts: 4
Joined: Mon Jan 29, 2018 6:49 pm
Belarus

Re: Applying for retained right of residence

Post by LenaBelarus » Tue Jan 30, 2018 1:13 am

The residence permit expired mid December.
I received decree absolute today.

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