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Retained rights of Residence

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

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Kamali123
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Posts: 2
Joined: Thu Jan 31, 2019 12:10 am
Italy

Retained rights of Residence

Post by Kamali123 » Wed Jul 08, 2020 3:24 am

Hello, I am Pakistani Citizen Married to an Italian National on May 2017 in Italy. I was issued an EEA Residence card by Italian Authorities. My wife came in the UK March 2018 and started employment activities. I joined her on January 2019 in the UK and applied for a EEA residence card in the UK which was granted in April 2019. After I have received my biometric residence card I had applied for Pre Settled Status for both myself and my wife which was granted same time.
Now my circumstances with my wife has changed and we have domestic issues. My question is that am I eligible for Retained rights of Residence if I'll start the divorce proceedings now.

Kind Regards
Kaym

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Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
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Re: Retained rights of Residence

Post by Zerubbabel » Wed Jul 08, 2020 6:23 pm

Hello

Yes you may get retained rights.

The conditions are:

- Minimum 3 years marriage before the start of the divorce proceedings

Plus:

- Minimum 1 year in the UK before the start of the divorce proceedings

As it's yes for both counts, you should get the retained right. But keep all documents as you need to demonstrate these times to qualify.

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