Should I apply for RoR or pre-settled status first?

[jubileeline]

Hi all,

I read these boards a lot a few years back when I was applying for my family permit/residence card and you were all enormously helpful. I am hoping someone will have advice for my current situation as I have read all of the HO guidance and not found much that applies.

I was a student here for several years, during which I started dating an Italian man. We lived together until my student visa ended, then when he came to visit me in the USA we got married and he brought me over on a family permit. I applied for a residence card and had no problems, and we were happy until about a year and a half later when he started using hard drugs and became paranoid and violent with me. I tried to get him help for a long time, and I stayed with him longer than I should have - I did move out of our shared flat after several months of him refusing help, but we continued to see each other and I hoped things could be fixed.

Over the last year, I started to realize how badly he had treated me (and still does), and I do not wish to repair the relationship anymore, although we are still legally married. I would like to get a divorce, and since it has been almost three years since we got married, I believe I will be eligible to apply for a retained right of residence. I would also like to apply for pre-settled status, but I am not sure if this will affect a future application for RoR.

If I apply for pre-settled status now, would I still have that in the event of a divorce, or would I just have to re-apply? I see in the newly released guidance for the public test version of settled status that I can apply if I already have RoR, but I can't find anything about applying the other way round. I know that divorce proceedings and the RoR application will take a long time, which is why I would prefer to apply for pre-settled status now.

There is also one other thing that makes this more difficult: I have unfortunately lost my biometric residence card, although I have a scan of it and could use that for my application. I have not reported this yet because it was fairly recent and I was not sure how it would affect the upcoming settled status/RoR applications. I am not even sure how this will affect things!

If anyone has any advice, I would be extremely grateful. I am planning on finding a lawyer at some point, but I'm extremely worried and would like to have some idea of where I stand at the moment. Thanks to everyone who read this!

[kamoe]

Hi jubilee

Can you share your exact timeline f UK residence , and the kind of visas/permits you've had each year, and also how long you were absent from the UK? This will help see what the best route can be for you.

Over the last year, I started to realize how badly he had treated me (and still does), and I do not wish to repair the relationship anymore, although we are still legally married.

Are you still on reasonable speaking terms with him? The best action to take will depend on this.

I would like to get a divorce, and since it has been almost three years since we got married, I believe I will be eligible to apply for a retained right of residence.

You are.

I would also like to apply for pre-settled status, but I am not sure if this will affect a future application for RoR.

You could also qualify for Pre-Settled status, but you will need his cooperation at some point. You won't need to still live together, but for it to go smoothly, ideally he should apply for Settled Status himself first, then you can apply as his non-EU spouse, quoting his own application number. Or, if he doesn't want to apply, I think you can apply independently, but will need access to his passport, and either scan it (not sure if this is an option) or able to send it over to the HO.

If I apply for Pre-settled status now, would I still have that in the event of a divorce, or would I just have to re-apply?

Can't tell you for sure as the scheme is very new, but I would assume for Pre-Settled status, the same rules apply as for Residence Cards: Once your relationship legally ends, your status is no longer valid, and you'll be granted a period to apply for something else.

I see in the newly released guidance for the public test version of settled status that I can apply if I already have RoR, but I can't find anything about applying the other way round.

You probably can. As the scheme is so new, it makes little sense to start explaining to people how to transition from it. In any case, you are sure to have to apply for RoR after you lose your Pre-Settled status.

I know that divorce proceedings and the RoR application will take a long time, which is why I would prefer to apply for pre-settled status now.

Your call. Probably a good move if you can reasonable agree with your husband on next steps now.

There is also one other thing that makes this more difficult: I have unfortunately lost my biometric residence card, although I have a scan of it and could use that for my application. I have not reported this yet

Do this ASAP.

because it was fairly recent and I was not sure how it would affect the upcoming settled status/RoR applications. I am not even sure how this will affect things!

Since you are still legally married, you are covered, for now. But many things can happen where you would need to prove your right to live and work here, and best thins is to have a valid document. See this post from last year, when I lost my own RC. Good points raised.

If anyone has any advice, I would be extremely grateful. I am planning on finding a lawyer at some point, but I'm extremely worried and would like to have some idea of where I stand at the moment. Thanks to everyone who read this!

Yes, do look for a solicitor and ask their advice.