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Pre-settled without spouse ID and BRC

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

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LifeAfterBrexit
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Posts: 7
Joined: Tue Feb 23, 2021 12:02 pm

Retained Right of residence

Post by LifeAfterBrexit » Tue Feb 23, 2021 12:16 pm

Hi everyone, I’m non-EEA and I want to ask if I can apply for ROR.
Married for 7 years, 3 years in UK before divorce application.
Ex filed for divorce before applying for presetteled and at that time ex was not working.
Now with EUSS is it relevant if he was a relevant EEA citizen when divorce started?

LifeAfterBrexit
Newly Registered
Posts: 7
Joined: Tue Feb 23, 2021 12:02 pm

Re: Retained Right of residence

Post by LifeAfterBrexit » Sun Feb 28, 2021 10:54 am

Up

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Retained Right of residence

Post by kamoe » Sun Feb 28, 2021 3:24 pm

Have divorce proceedings finalized? Do you already have a decree absolute?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

LifeAfterBrexit
Newly Registered
Posts: 7
Joined: Tue Feb 23, 2021 12:02 pm

Re: Retained Right of residence

Post by LifeAfterBrexit » Sun Feb 28, 2021 4:32 pm

Not even decree nisi yet. I am not sure it will be ready before year end.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Retained Right of residence

Post by kamoe » Sun Feb 28, 2021 4:48 pm

LifeAfterBrexit wrote:
Sun Feb 28, 2021 4:32 pm
Not even decree nisi yet. I am not sure it will be ready before year end.
Then you are still legally married.

1. How long have you been living in the UK?
2. Is your soon-to-be ex spouse still in the UK?
3. Are they cooperative and want to help you with the application?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

LifeAfterBrexit
Newly Registered
Posts: 7
Joined: Tue Feb 23, 2021 12:02 pm

Re: Retained Right of residence

Post by LifeAfterBrexit » Sun Feb 28, 2021 4:56 pm

1. 6 years, but Home Office refused my application for permanent residence because ex was never a qualified person.
2. yes, still in UK.
3. there is no chance to get any help from them.

My biometric card expired last year.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Retained Right of residence

Post by Obie » Sun Feb 28, 2021 6:39 pm

Dont you have any residence at present?

You should apply under the settlement scheme. Have you attempted to do that.
Smooth seas do not make skilful sailors

LifeAfterBrexit
Newly Registered
Posts: 7
Joined: Tue Feb 23, 2021 12:02 pm

Re: Retained Right of residence

Post by LifeAfterBrexit » Sun Feb 28, 2021 6:58 pm

Obie wrote:
Sun Feb 28, 2021 6:39 pm
Dont you have any residence at present?

You should apply under the settlement scheme. Have you attempted to do that.
I can’t get sponsor’s passport and proof of residence.
Can I apply without their documents and without valid residence card? Or better wait until we are divorced?

LifeAfterBrexit
Newly Registered
Posts: 7
Joined: Tue Feb 23, 2021 12:02 pm

Re: Retained Right of residence

Post by LifeAfterBrexit » Mon Mar 01, 2021 2:34 pm

Can I apply for presettled with expired BRC and without spouse's ID?

LifeAfterBrexit
Newly Registered
Posts: 7
Joined: Tue Feb 23, 2021 12:02 pm

Pre-settled without spouse ID and BRC

Post by LifeAfterBrexit » Sun Mar 07, 2021 12:59 pm

Hi everyone, I’m non-EEA married to EU citizen.
We are separated but I need to apply for pre-settled.
Ex is not cooperating so there is no chance to get his ID and I have no valid visa or BRC.
What is the best way to apply for pre-settled in my situation?

NatCam
Member
Posts: 236
Joined: Tue Nov 07, 2017 5:26 am
Georgia

Re: Pre-settled without spouse ID and BRC

Post by NatCam » Mon Mar 08, 2021 12:16 am

Do you have a copy of his passport or national ID? At least a number. You can use either when applying for settlement scheme. Try.
How did you get your residence card if he was never a "qualified person"?
I believe you can obtain some information (passport details at least) from the court where the divorce application has been filed. I hope so.
Do you have children?

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