Non EEA family member divorcing before 3 years marriage

Hi everyone,

I would like to ask if anyone knows of any previous cases as to my case below or can offer any advice as to what I can do.

"I am a non EEA family member married to an EA national in Aug 2019. We have a son together born in 2020 who is an EEA citizen and we have all been given pre settled status in 2020. My questions is as below:

- If we were to divorce before we complete 3 years marriage, will I loose my pre settled status and be asked to go back or will I be allowed to stay because of my 1 year old son who is an EEA citizen and has pre settled status and will be leaving with me even if we divorce.

If anyone has heard of similar cases please share what were the outcome and what steps should I follow should I decide to go ahead with the divorce.

Many Thanks

If there is an agreement that the child should stay in UK and you have access to him, then you will have right to access.

Hi Obie,
Who should the agreement be between (between both parents?). My husband will be staying in UK even if we divorce, we all have pre settled status including my son and none of us is planning to leave UK.

If i have right to access, does it mean I will retain my pre settled status via drivative right and once completed the full 5 years on pre settled, will I be able to then apply for settled status in 2025?

Many Thanks

Hi Obie,

Can you please reply to my query below if you dont mind to make me understand it better.

Who should the agreement be between (between both parents?). My husband will be staying in UK even if we divorce, we all have pre settled status including my son and none of us is planning to leave UK.

If i have right to access, does it mean I will retain my pre settled status via drivative right and once completed the full 5 years on pre settled, will I be able to then apply for settled status in 2025?

Also if anyone in the forum or from the moderators or any solicitors in the forum has heard of any similar cases, can you please share the outcome.
Apologies to all for the bother, any response will be greatly appreciated!

Thanks

Obie wrote: ↑

Sat Sep 18, 2021 10:56 am

If there is an agreement that the child should stay in UK and you have access to him, then you will have right to access.

Hi Obie,
Who should the agreement be between (between both parents?). My husband will be staying in UK even if we divorce, we all have pre settled status including my son and none of us is planning to leave UK.

If i have right to access, does it mean I will retain my pre settled status via drivative right and once completed the full 5 years on pre settled, will I be able to then apply for settled status in 2025?

Many Thanks

Who is the primary carer for the EU child? Is it you or the Union Citizen?

We have not divorced yet but once we divorce, I will be the primary carer of our son with my soon to be ex husband having full access rights.