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EEA Pre-settled granted - what if divorce ??

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

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

mahmutzoru
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Re: EEA Pre-settled granted - what if divorce ??

Post by mahmutzoru » Sun Jan 19, 2020 1:38 am

Affer contacting eu setlement call center and reading a lot info, I believe!!!

All non eu citizens who married with eu citizens
If they got already pre settle status they got because they are family member of eu citizen.
If non eu divorce from eu , there are not family member anymore its mean Date of the termination they will lose their rights, after termination, home office gave you 60 days in 60 days, you can apply retained the right of residence or bye bye to UK.

Some people says pre settle is not under EU laws etc I can stile use my pre settle status Thats not correct. You can stile use your pre settle after divorce if you are from eu citizen
if you are no eu citizen then you need to make new application under retained the right of residence to get pre settle again.

all non eu get pre settle because there married with eu citizen basicly they transfer eu laws to UK laws and they created eu setlement and they edit it how they want, but they didn't add anything about non eu can stay after divorce untill their pre settle expired or etc everything the same, if you wanna appy again pre settle under retained the right of residence then

The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen) has been terminated

Requirements.....

• they were resident in the UK at the date of the termination.
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and both parties had been resident in the UK for a continuous qualifying period
of at least 1 year during its duration


Good luck for everyone.

dinotinto
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Re: EEA Pre-settled granted - what if divorce ??

Post by dinotinto » Sun Jan 19, 2020 1:46 am

mahmutzoru wrote:
Sun Jan 19, 2020 1:38 am
Affer contacting eu setlement call center and reading a lot info, I believe!!!

All non eu citizens who married with eu citizens
If they got already pre settle status they got because they are family member of eu citizen.
If non eu divorce from eu , there are not family member anymore its mean Date of the termination they will lose their rights, after termination, home office gave you 60 days in 60 days, you can apply retained the right of residence or bye bye to UK.

Some people says pre settle is not under EU laws etc I can stile use my pre settle status Thats not correct. You can stile use your pre settle after divorce if you are from eu citizen
if you are no eu citizen then you need to make new application under retained the right of residence to get pre settle again.

all non eu get pre settle because there married with eu citizen basicly they transfer eu laws to UK laws and they created eu setlement and they edit it how they want, but they didn't add anything about non eu can stay after divorce untill their pre settle expired or etc everything the same, if you wanna appy again pre settle under retained the right of residence then

The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen) has been terminated

Requirements.....

• they were resident in the UK at the date of the termination.
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and both parties had been resident in the UK for a continuous qualifying period
of at least 1 year during its duration


Good luck for everyone.
Absolutely wrong... you can't just say you believe something when you have not been in the shoes... everytime I have been asked at the point of entry who my family member is... I say my ex wife, and nobody ever said my rights were off since I divorced.... See, go and read the guidelines carefully and dont mislead people here. Thanks

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Re: EEA Pre-settled granted - what if divorce ??

Post by mahmutzoru » Sun Jan 19, 2020 9:46 am

I'm sure someone been the boat? Anybody got pre settle and divorced, entering UK without any problems? Let's see??

Azarbijan
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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Sun Jan 19, 2020 9:54 am

I contacted many times eu resolution center and I got reply I cant apply again pss even one post I saw here in which someone applied again pss after divorce but now he got respons that he will not get another pss and he will be fine with his first one.did you get answer from eu resolution centre please

Azarbijan
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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Sun Jan 19, 2020 10:01 am

dinotinto wrote:
Sun Jan 19, 2020 1:46 am
mahmutzoru wrote:
Sun Jan 19, 2020 1:38 am
Affer contacting eu setlement call center and reading a lot info, I believe!!!

All non eu citizens who married with eu citizens
If they got already pre settle status they got because they are family member of eu citizen.
If non eu divorce from eu , there are not family member anymore its mean Date of the termination they will lose their rights, after termination, home office gave you 60 days in 60 days, you can apply retained the right of residence or bye bye to UK.

Some people says pre settle is not under EU laws etc I can stile use my pre settle status Thats not correct. You can stile use your pre settle after divorce if you are from eu citizen
if you are no eu citizen then you need to make new application under retained the right of residence to get pre settle again.

all non eu get pre settle because there married with eu citizen basicly they transfer eu laws to UK laws and they created eu setlement and they edit it how they want, but they didn't add anything about non eu can stay after divorce untill their pre settle expired or etc everything the same, if you wanna appy again pre settle under retained the right of residence then

The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen) has been terminated

Requirements.....

• they were resident in the UK at the date of the termination.
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and both parties had been resident in the UK for a continuous qualifying period
of at least 1 year during its duration


Good luck for everyone.
Absolutely wrong... you can't just say you believe something when you have not been in the shoes... everytime I have been asked at the point of entry who my family member is... I say my ex wife, and nobody ever said my rights were off since I divorced.... See, go and read the guidelines carefully and dont mislead people here. Thanks
Did you travel dear and did u travel after pss or settled status and your country is non European please many thanks for clarification I am really very upset don't know what to do my mother is very old and calling me to meet her but I am scared if lose my pss after coming back many thanks

dinotinto
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Re: EEA Pre-settled granted - what if divorce ??

Post by dinotinto » Sun Jan 19, 2020 11:13 am

Did you travel dear and did u travel after Pre Settled Status or settled status and your country is non European please many thanks for clarification I am really very upset don't know what to do my mother is very old and calling me to meet her but I am scared if lose my Pre Settled Status after coming back many thanks
I got presettled status while married, after divorce I was told I did not need to re apply till when I am qualified for settled status. And I have travelled since after my divorce so many times to different places.....Africa, America etc.... 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... Like I said earlier I am in this shoes I still am till later this year when I'll qualify for settled status and will apply this time including my divorce certificate, showing we were married for more than 3 years and a documents to show we both lived together for at least a year in the uk during that period of time, which are the requirements for settled status if you are retaining your rights. I hope this clears it

Azarbijan
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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Sun Jan 19, 2020 11:55 am

dinotinto wrote:
Sun Jan 19, 2020 11:13 am
Did you travel dear and did u travel after Pre Settled Status or settled status and your country is non European please many thanks for clarification I am really very upset don't know what to do my mother is very old and calling me to meet her but I am scared if lose my Pre Settled Status after coming back many thanks
I got presettled status while married, after divorce I was told I did not need to re apply till when I am qualified for settled status. And I have travelled since after my divorce so many times to different places.....Africa, America etc.... 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... Like I said earlier I am in this shoes I still am till later this year when I'll qualify for settled status and will apply this time including my divorce certificate, showing we were married for more than 3 years and a documents to show we both lived together for at least a year in the uk during that period of time, which are the requirements for settled status if you are retaining your rights. I hope this clears it
Thank you very much dear yes I was told the same by eu resolution center many times

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Re: EEA Pre-settled granted - what if divorce ??

Post by Amirkhan042 » Sun Jan 19, 2020 3:02 pm

dinotinto wrote:
Sun Jan 19, 2020 11:13 am
Did you travel dear and did u travel after Pre Settled Status or settled status and your country is non European please many thanks for clarification I am really very upset don't know what to do my mother is very old and calling me to meet her but I am scared if lose my Pre Settled Status after coming back many thanks
I got presettled status while married, after divorce I was told I did not need to re apply till when I am qualified for settled status. And I have travelled since after my divorce so many times to different places.....Africa, America etc.... 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... Like I said earlier I am in this shoes I still am till later this year when I'll qualify for settled status and will apply this time including my divorce certificate, showing we were married for more than 3 years and a documents to show we both lived together for at least a year in the uk during that period of time, which are the requirements for settled status if you are retaining your rights. I hope this clears it

thank you so much for the detailed information! just a question when divorce is finalised your resident card become in valid? so how can they let you in? please clarify that to us! i have pre settled status and soon i am going to be divorce ...i really need your experience my five year will be completed in in november so if i get divorce what shall i do apply for settled status approximately in jun-july or retain right application or even wait with my pre settle status till i reach five years cycle in September then apply?
please everyone suggest me the wise decision to be taken..
i have been married since september 2015
have presettled status as well as brc valid till december 2020

mahmutzoru
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Re: EEA Pre-settled granted - what if divorce ??

Post by mahmutzoru » Mon Jan 20, 2020 12:34 pm

dinotinto wrote:
Sun Jan 19, 2020 11:13 am
Did you travel dear and did u travel after Pre Settled Status or settled status and your country is non European please many thanks for clarification I am really very upset don't know what to do my mother is very old and calling me to meet her but I am scared if lose my Pre Settled Status after coming back many thanks
I got presettled status while married, after divorce I was told I did not need to re apply till when I am qualified for settled status. And I have travelled since after my divorce so many times to different places.....Africa, America etc.... 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... Like I said earlier I am in this shoes I still am till later this year when I'll qualify for settled status and will apply this time including my divorce certificate, showing we were married for more than 3 years and a documents to show we both lived together for at least a year in the uk during that period of time, which are the requirements for settled status if you are retaining your rights. I hope this clears it
What about this can you read and explain pls?

Image

You are not right.

dinotinto
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Re: EEA Pre-settled granted - what if divorce ??

Post by dinotinto » Mon Jan 20, 2020 12:57 pm

If you read my post thoroughly, you would see I mentioned the fact that if you are retaining rights, you need to have been married 3 years and have spent a year of those together with your spouse in the uk.. please check page 20/21 of this caseworker guidance
https://www.gov.uk/government/publicati ... r-guidance. And see what it says about further applications. Further on your picture attachment. Most of this involves fraudulent applications. I have said everytime I was asked who my family member is I simply say my ex partner and no further questions are asked. By the way what are you trying to say exactly with your post?what is not right??
mahmutzoru wrote:
Mon Jan 20, 2020 12:34 pm
dinotinto wrote:
Sun Jan 19, 2020 11:13 am
Did you travel dear and did u travel after Pre Settled Status or settled status and your country is non European please many thanks for clarification I am really very upset don't know what to do my mother is very old and calling me to meet her but I am scared if lose my Pre Settled Status after coming back many thanks
I got presettled status while married, after divorce I was told I did not need to re apply till when I am qualified for settled status. And I have travelled since after my divorce so many times to different places.....Africa, America etc.... 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... Like I said earlier I am in this shoes I still am till later this year when I'll qualify for settled status and will apply this time including my divorce certificate, showing we were married for more than 3 years and a documents to show we both lived together for at least a year in the uk during that period of time, which are the requirements for settled status if you are retaining your rights. I hope this clears it
What about this can you read and explain pls?

Image

You are not right.

mahmutzoru
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Re: EEA Pre-settled granted - what if divorce ??

Post by mahmutzoru » Mon Jan 20, 2020 7:20 pm

dinotinto wrote:
Mon Jan 20, 2020 12:57 pm

You might be right but, I texted home office, I called many times eu settlement call center and ask them but everybody gives me different answer, then I research all documents from gov.Uk thats why I said what I believe..
I also wanna ask did you divorce in the UK and how long does it take? People says around 1 year, I wanna know your experience if you could share with us here* pls?

dellledd911
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Re: EEA Pre-settled granted - what if divorce ??

Post by dellledd911 » Tue Jan 21, 2020 12:41 pm

For all those wondering,

If you are an Non-EU who is divorced and has Pre-settled status, you can freely enter and exit the country using your EU Family member Biometric card. This has been mentioned on this thread multiple times by DinoTino and few others (Thanks for that). I also checked multiple articles published by gov.uk and there is no clear picture of anything of this sort mentioned, in fact they are misleading and very confusing.

As a result, I had to email my solicitor and he has confirmed that once I receive pre-settlement after divorce, I can move in and out of the country using my previously issued BRC card.

My only question is, I'm divorced now. So If I was to re marry a NON-EU, can I sponsor her to the UK under pre-settled status? Or is that possible only through a settled status?

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Re: EEA Pre-settled granted - what if divorce ??

Post by CR001 » Tue Jan 21, 2020 12:46 pm

dellledd911 wrote:
Tue Jan 21, 2020 12:41 pm
My only question is, I'm divorced now. So If I was to re marry a NON-EU, can I sponsor her to the UK under pre-settled status? Or is that possible only through a settled status?
If you are a NON-EU citizen, then no you cannot sponsor a new wife to the UK using the Pre-Settled/Settled or EEA route. You will only be able to do that once you have ILR/Settled Status and sponsor her under the more strict UK Immigration rules Spouse visa.
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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Re: EEA Pre-settled granted - what if divorce ??

Post by Amirkhan042 » Wed Jan 22, 2020 12:46 am

dellledd911 wrote:
Tue Jan 21, 2020 12:41 pm
For all those wondering,

If you are an Non-EU who is divorced and has Pre-settled status, you can freely enter and exit the country using your EU Family member Biometric card. This has been mentioned on this thread multiple times by DinoTino and few others (Thanks for that). I also checked multiple articles published by gov.uk and there is no clear picture of anything of this sort mentioned, in fact they are misleading and very confusing.

As a result, I had to email my solicitor and he has confirmed that once I receive pre-settlement after divorce, I can move in and out of the country using my previously issued BRC card.

My only question is, I'm divorced now. So If I was to re marry a NON-EU, can I sponsor her to the UK under pre-settled status? Or is that possible only through a settled status?

This is really good news! And thank you so much for sharing such good news! Just a question previously they said as soon as you got divorced your brc becomes invalid (may be I was misled) if not how come it’s still valid after divorce?

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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Wed Jan 22, 2020 5:34 pm

Amirkhan042 wrote:
Wed Jan 22, 2020 12:46 am
dellledd911 wrote:
Tue Jan 21, 2020 12:41 pm
For all those wondering,

If you are an Non-EU who is divorced and has Pre-settled status, you can freely enter and exit the country using your EU Family member Biometric card. This has been mentioned on this thread multiple times by DinoTino and few others (Thanks for that). I also checked multiple articles published by gov.uk and there is no clear picture of anything of this sort mentioned, in fact they are misleading and very confusing.

As a result, I had to email my solicitor and he has confirmed that once I receive pre-settlement after divorce, I can move in and out of the country using my previously issued BRC card.

My only question is, I'm divorced now. So If I was to re marry a NON-EU, can I sponsor her to the UK under pre-settled status? Or is that possible only through a settled status?

This is really good news! And thank you so much for sharing such good news! Just a question previously they said as soon as you got divorced your brc becomes invalid (may be I was misled) if not how come it’s still valid after divorce?
Sorry I read your 2 paragraph where u mention about solicitor advice. Did You mean if we get pre settlement after divorce then we can come in and out ?or after pre settled status if we get divorce then we can go in and out of country with already pre settled status please clear it.as dontino already clear it but wanted to know what solicitor told you exactly thanks

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Re: EEA Pre-settled granted - what if divorce ??

Post by Numidian » Tue Jan 28, 2020 1:27 pm

Hi all,
I am in the same situation, I got my pre-settled status and in process of divorce.
I have been married to an EU citizen for more then 3 years.
Now should I apply for a Retained right to reside after my divorce finalised or should I keep using my EU family member residence card until I make 5 years in the UK ( that would be in February 2022) and apply strait for a settled status ?

Thank you all,

dellledd911
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Re: EEA Pre-settled granted - what if divorce ??

Post by dellledd911 » Tue Feb 04, 2020 11:55 am

First of all, sorry for the delay in reply.

Yes, my solicitor has confirmed that I can travel freely in and out of UK using my previous BRP.

You should apply under retained rights when its time to apply for Settled status from your current pre-settlement status.

dellledd911
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Re: EEA Pre-settled granted - what if divorce ??

Post by dellledd911 » Tue Feb 04, 2020 11:59 am

Numidian wrote:
Tue Jan 28, 2020 1:27 pm
Hi all,
I am in the same situation, I got my pre-settled status and in process of divorce.
I have been married to an EU citizen for more then 3 years.
Now should I apply for a Retained right to reside after my divorce finalised or should I keep using my EU family member residence card until I make 5 years in the UK ( that would be in February 2022) and apply strait for a settled status ?

Thank you all,

If you got your pre-settled status, you cant or you DONT need to apply again.
Just use your BRP for travel and declare your relationship status at border control if asked.

However, you will need to apply like applying for Retained rights when it is the time to move into Settlement status.

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Re: EEA Pre-settled granted - what if divorce ??

Post by dinotinto » Tue Feb 04, 2020 8:09 pm

Dellled911 is right

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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Thu Feb 06, 2020 6:55 pm

dellledd911 wrote:
Tue Feb 04, 2020 11:55 am
First of all, sorry for the delay in reply.

Yes, my solicitor has confirmed that I can travel freely in and out of UK using my previous BRP.

You should apply under retained rights when its time to apply for Settled status from your current pre-settlement status.
Hi thanks dear just one more question did u get divorce after pre settled status please or after divorce u get pre settled status thanks

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Re: EEA Pre-settled granted - what if divorce ??

Post by Numidian » Sat Feb 08, 2020 2:47 am

OK. And should I let the home office know or should I wait until I apply for settled status and use my divorce certificate ?
If I should let them know how would I do that without applying for the ROR

Thank you.

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Re: EEA Pre-settled granted - what if divorce ??

Post by Numidian » Fri Feb 14, 2020 1:48 am

I called the resolution centre today and they told me that I can travel with my BRC and then apply under the retained right to reside when I apply for the settled status.
The lady told me as well that she put a notice on my application that I'm in process of divorce.
I don't know if that will cause me more questions at the border or not but I think I might have to wait until my divorce is finalised then I travel to save my self a hassle of answering all the questions.

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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Sun Feb 16, 2020 9:40 am

Numidian wrote:
Fri Feb 14, 2020 1:48 am
I called the resolution centre today and they told me that I can travel with my BRC and then apply under the retained right to reside when I apply for the settled status.
The lady told me as well that she put a notice on my application that I'm in process of divorce.
I don't know if that will cause me more questions at the border or not but I think I might have to wait until my divorce is finalised then I travel to save my self a hassle of answering all the questions.
Hi bro I am in same situation but I am divorced now i was told same now i am waiting for me replacement biometric card as i had lost but still not received new after 5 weeks of biometric. In which country you want to fly bro please keep updating what they saying when u fly thanks

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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Fri Feb 21, 2020 7:49 pm

inesbankole wrote:
Thu Dec 26, 2019 7:20 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi obie, Merry christmas.

Does it mean i can still the pre settled status i have right now and travel with my eu residence card?

I have divorced already and applied again to the settlement scheme under RoR.


It is been a month and no decision yet.

So since the previous pre settled status is still valid. I was wondering if i can travel using that and my EU residence card to travel and come back to the UK with no issues ?
Thanks a lotfor the reply

Hi dear did you get any response from settlement scheme or not thanks lot

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Re: EEA Pre-settled granted - what if divorce ??

Post by SZYMON » Thu Feb 27, 2020 12:17 am

mahmutzoru wrote:
Sun Jan 19, 2020 1:38 am
Affer contacting eu setlement call center and reading a lot info, I believe!!!

All non eu citizens who married with eu citizens
If they got already pre settle status they got because they are family member of eu citizen.
If non eu divorce from eu , there are not family member anymore its mean Date of the termination they will lose their rights, after termination, home office gave you 60 days in 60 days, you can apply retained the right of residence or bye bye to UK.

Some people says pre settle is not under EU laws etc I can stile use my pre settle status Thats not correct. You can stile use your pre settle after divorce if you are from eu citizen
if you are no eu citizen then you need to make new application under retained the right of residence to get pre settle again.

all non eu get pre settle because there married with eu citizen basicly they transfer eu laws to UK laws and they created eu setlement and they edit it how they want, but they didn't add anything about non eu can stay after divorce untill their pre settle expired or etc everything the same, if you wanna appy again pre settle under retained the right of residence then

The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen) has been terminated

Requirements.....

• they were resident in the UK at the date of the termination.
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and both parties had been resident in the UK for a continuous qualifying period
of at least 1 year during its duration


Good luck for everyone.
Yes curtailment saying neded to apply again when you marriage breakdown
but EUSS give a wrong information.
Many people they are divorced finalised but no one apply other settled
Actually has anyone received decree absolute for last 2 months and didn't curtailment letter?

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