Hi all, i am in the same situation been married for 3 years
i am waiting for decree absolute to apply
I wrote to the EU resolution centre and here is their answer :
We understand that you are soon to be divorced from the EU national who was your sponsor.
Once you are divorced you will need to make a new application for Pre-Settled Status under the rule of retained rights.
To be eligible to apply for the EU Settlement Scheme as a non-EEA family member who has retained the right of residence, the applicant must usually:
· Be a non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of their marriage
· Have been resident in the UK at the date of the termination.
· Have been married to the EEA citizen for at least 3 years prior to the initiation of the proceedings for the termination of the marriage. And the parties to the marriage had been continuously resident in the UK for at least 1 year during its duration.
As you do not hold a permanent residence document, when you apply you will need proof of:
· Your identity and nationality
· The relevant EEA citizen’s identity and nationality
· The court order terminating the marriage
· Your residence in the UK at the date of the termination
· Your marriage to the relevant EEA citizen, for example a marriage certificate
· Your marriage having lasted for at least 3 years prior to the initiation of the legal proceedings for its termination, and both parties being resident in the UK for a continuous qualifying period of at least 1 year during its duration.
Please note: If any further evidence is required, then this will be requested by a caseworker.
When you apply, you will need to use a valid passport. Do not use your Biometric Residence Card as this will no longer be valid once you are divorced.
As you will not have a valid biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo) when you apply.
You’ll be told if you need to use UKVCAS when you apply, and be given instructions on how to book your appointment. For more information about this service please visit:
https://www.gov.uk/ukvcas
To find your closest UKVCAS hub please visit:
https://www.ukvcas.co.uk/locations
To apply please use the following link:
https://www.gov.uk/settled-status-eu-ci ... led-status
If your application is successful, you’ll be given either settled or pre-settled status.
You can find more information about what rights you get for each status here:
https://www.gov.uk/settled-status-eu-ci ... atus-means
As you have status as a family member of an EU national you need to travel with your EU sponsor if you are relying on this status to enter the UK.
Once you have been granted status under retained rights you can travel without your former EU sponsor.
Should you require further information about the EU Settlement Scheme, please go to
https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form
https://eu-settled-status-enquiries.ser ... v.uk/start
UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey:
https://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5
Please note we cannot deal with any enquiries/replies sent directly to this mailbox.
Yours sincerely,
