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How to apply for ILR after divorce

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

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alicecooper
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How to apply for ILR after divorce

Post by alicecooper » Mon Mar 16, 2020 9:16 pm

Hello,

I lived with my husband for 3 years and we stayed married for 3 years. I've lived in the UK since 10/2013 (so over 6 years now). I've always worked and I support myself. How can I apply for ILR? I had printed a form but I can no longer find it in gov.uk - has anything changed?

Any help will be appreciated. Many thanks.
Alice

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CR001
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Re: How to apply for ILR after divorce

Post by CR001 » Mon Mar 16, 2020 9:18 pm

What nationality is your ex spouse?

What is your UK immigration history?
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Re: How to apply for ILR after divorce

Post by alicecooper » Mon Mar 16, 2020 9:58 pm

His nationality is Polish.

I came to the UK on a fiancee visa for 6 months. Got married, got my first visa valid for 3 years, got divorced at 3 years of marriage, applied for visa after divorce. My current visa is valid for 6 years.

Thanks.

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Re: How to apply for ILR after divorce

Post by CR001 » Mon Mar 16, 2020 10:01 pm

What visa exactly did you have for 3 years??

What visa have you got now exactly that is valid for 6 years??

Asking as there are no visas as such with these durations based on an EU spouse.
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Re: How to apply for ILR after divorce

Post by alicecooper » Tue Mar 17, 2020 1:56 pm

Sorry here are the dates I can see in my biometric permit/residence card. I have had three:

1) First married, (Family Member - EU Residence) valid for 2.5 years (2013-2016)
2) Renewed my visa still married, (Family Member - EU Residence) valid for 5 years (2016-2021)
3) Got divorced, got a new visa (Family Member - EU Residence) (2018-2023)

Thanks.

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Re: How to apply for ILR after divorce

Post by CR001 » Tue Mar 17, 2020 8:17 pm

Seems you have held visas under two different visa categories.
1) First married, (Family Member - EU Residence) valid for 2.5 years (2013-2016)
A 2.5 year visa is a spouse visa under the UK immigration rules and not an EU residence. An EU FM residnece card is issued for 5 years not 2.5 years. What was your spouse nationality at this point?
3) Got divorced, got a new visa (Family Member - EU Residence) (2018-2023)
Was this through retained rights of residence under the EU rules?
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Re: How to apply for ILR after divorce

Post by alicecooper » Tue Mar 17, 2020 8:37 pm

Yes, he was a Polish national for my first visa, and then he got UK 'settled' status for my subsequent visas.

Yes, I got my last visa under retained rights of residence.

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Re: How to apply for ILR after divorce

Post by alicecooper » Thu Mar 19, 2020 4:38 pm

Would I need to apply under the European Settlement Scheme?

Thank you.

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Re: How to apply for ILR after divorce

Post by Richard W » Wed Mar 25, 2020 6:26 pm

alicecooper wrote:
Thu Mar 19, 2020 4:38 pm
Would I need to apply under the European Settlement Scheme?
Yes.

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