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EEA Pre-settled granted - what if divorce ??

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

Azarbijan
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Albania

Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Thu Feb 27, 2020 5:21 pm

SZYMON wrote:
Thu Feb 27, 2020 12:17 am
mahmutzoru wrote:
Sun Jan 19, 2020 1:38 am
Affer contacting eu setlement call center and reading a lot info, I believe!!!

All non eu citizens who married with eu citizens
If they got already pre settle status they got because they are family member of eu citizen.
If non eu divorce from eu , there are not family member anymore its mean Date of the termination they will lose their rights, after termination, home office gave you 60 days in 60 days, you can apply retained the right of residence or bye bye to UK.

Some people says pre settle is not under EU laws etc I can stile use my pre settle status Thats not correct. You can stile use your pre settle after divorce if you are from eu citizen
if you are no eu citizen then you need to make new application under retained the right of residence to get pre settle again.

all non eu get pre settle because there married with eu citizen basicly they transfer eu laws to UK laws and they created eu setlement and they edit it how they want, but they didn't add anything about non eu can stay after divorce untill their pre settle expired or etc everything the same, if you wanna appy again pre settle under retained the right of residence then

The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen) has been terminated

Requirements.....

• they were resident in the UK at the date of the termination.
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and both parties had been resident in the UK for a continuous qualifying period
of at least 1 year during its duration


Good luck for everyone.
Yes curtailment saying neded to apply again when you marriage breakdown
but EU Settlement Scheme give a wrong information.
Many people they are divorced finalised but no one apply other settled
Actually has anyone received decree absolute for last 2 months and didn't curtailment letter?
Hi can you please share that link which says need to re apply thanks

SZYMON
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Posts: 21
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Albania

Re: EEA Pre-settled granted - what if divorce ??

Post by SZYMON » Thu Feb 27, 2020 8:07 pm

Azarbijan wrote:
Thu Feb 27, 2020 5:21 pm
SZYMON wrote:
Thu Feb 27, 2020 12:17 am
mahmutzoru wrote:
Sun Jan 19, 2020 1:38 am
Affer contacting eu setlement call center and reading a lot info, I believe!!!

All non eu citizens who married with eu citizens
If they got already pre settle status they got because they are family member of eu citizen.
If non eu divorce from eu , there are not family member anymore its mean Date of the termination they will lose their rights, after termination, home office gave you 60 days in 60 days, you can apply retained the right of residence or bye bye to UK.

Some people says pre settle is not under EU laws etc I can stile use my pre settle status Thats not correct. You can stile use your pre settle after divorce if you are from eu citizen
if you are no eu citizen then you need to make new application under retained the right of residence to get pre settle again.

all non eu get pre settle because there married with eu citizen basicly they transfer eu laws to UK laws and they created eu setlement and they edit it how they want, but they didn't add anything about non eu can stay after divorce untill their pre settle expired or etc everything the same, if you wanna appy again pre settle under retained the right of residence then

The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen) has been terminated

Requirements.....

• they were resident in the UK at the date of the termination.
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and both parties had been resident in the UK for a continuous qualifying period
of at least 1 year during its duration


Good luck for everyone.
Yes curtailment saying neded to apply again when you marriage breakdown
but EU Settlement Scheme give a wrong information.
Many people they are divorced finalised but no one apply other settled
Actually has anyone received decree absolute for last 2 months and didn't curtailment letter?
Hi can you please share that link which says need to re apply thanks
I said yes curtailment guidance saying when marriage breakdown needd to reply again under retained right residence, ever my solicitor saying to me need apply again but the far as I see it and I read no reply again for pre-settled

SZYMON
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Albania

Re: EEA Pre-settled granted - what if divorce ??

Post by SZYMON » Fri Feb 28, 2020 10:55 am

Azarbijan wrote:
Sun Feb 16, 2020 9:40 am
Numidian wrote:
Fri Feb 14, 2020 1:48 am
I called the resolution centre today and they told me that I can travel with my BRC and then apply under the retained right to reside when I apply for the settled status.
The lady told me as well that she put a notice on my application that I'm in process of divorce.
I don't know if that will cause me more questions at the border or not but I think I might have to wait until my divorce is finalised then I travel to save my self a hassle of answering all the questions.
Hi bro I am in same situation but I am divorced now i was told same now i am waiting for me replacement biometric card as i had lost but still not received new after 5 weeks of biometric. In which country you want to fly bro please keep updating what they saying when u fly thanks
Hi mate have you received your biometric card yet? ?

Azarbijan
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Albania

Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Fri Feb 28, 2020 3:17 pm

SZYMON wrote:
Fri Feb 28, 2020 10:55 am
Azarbijan wrote:
Sun Feb 16, 2020 9:40 am
Numidian wrote:
Fri Feb 14, 2020 1:48 am
I called the resolution centre today and they told me that I can travel with my BRC and then apply under the retained right to reside when I apply for the settled status.
The lady told me as well that she put a notice on my application that I'm in process of divorce.
I don't know if that will cause me more questions at the border or not but I think I might have to wait until my divorce is finalised then I travel to save my self a hassle of answering all the questions.
Hi bro I am in same situation but I am divorced now i was told same now i am waiting for me replacement biometric card as i had lost but still not received new after 5 weeks of biometric. In which country you want to fly bro please keep updating what they saying when u fly thanks
Hi mate have you received your biometric card yet? ?
No mate I am still waiting for it and scared now it's more than 6 weeks now is there anyone who applied replacement and know time frame of receiving brp card please

SZYMON
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Albania

Re: EEA Pre-settled granted - what if divorce ??

Post by SZYMON » Mon Mar 02, 2020 9:19 pm

Do you checked your status online??
Replacement should be waiting not more than 6 week but I'm sure because the EUSS behind

Azarbijan
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Re: EEA Pre-settled granted - what if divorce ??

Post by Azarbijan » Tue Mar 03, 2020 4:25 pm

SZYMON wrote:
Mon Mar 02, 2020 9:19 pm
Do you checked your status online??
Replacement should be waiting not more than 6 week but I'm sure because the EU Settlement Scheme behind
Yes I got it and i also call them what to do next I am divorced they again told me nothing to do until 5 yrs complete then apply for settled status that's it

SZYMON
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Re: EEA Pre-settled granted - what if divorce ??

Post by SZYMON » Thu Mar 12, 2020 10:53 am

dellledd911 wrote:
Tue Feb 04, 2020 11:59 am
Numidian wrote:
Tue Jan 28, 2020 1:27 pm
Hi all,
I am in the same situation, I got my pre-settled status and in process of divorce.
I have been married to an EU citizen for more then 3 years.
Now should I apply for a Retained right to reside after my divorce finalised or should I keep using my EU family member residence card until I make 5 years in the UK ( that would be in February 2022) and apply strait for a settled status ?

Thank you all,

If you got your pre-settled status, you cant or you DONT need to apply again.
Just use your BRP for travel and declare your relationship status at border control if asked.

However, you will need to apply like applying for Retained rights when it is the time to move into Settlement status.
I see other posted you reply for pre-settled but you still waiting for decision? ?
Can you please share your experience
Thank you 🙏

Imranali10
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Re: EEA Pre-settled granted - what if divorce ??

Post by Imranali10 » Wed Apr 22, 2020 10:33 am

Hello guys, i will share my experience if maybe can help someone. I m married 3 and half years married in uk stayed in uk. Living with wife and kids I was travelling a lot BRC alone to non eu country but always at airport asking me questions but this time i had pre settle status & nobody asked me anything and they just said to me next time i can use british/eu gates on airport.

mehdi1
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Morocco

Re: EEA Pre-settled granted - what if divorce ??

Post by mehdi1 » Fri May 15, 2020 3:45 pm

askmeplz82 wrote:
Wed May 08, 2019 9:37 pm
yes you need to apply for pre-settled status again
Yes, you are correct!
EUSS follows instructions on their decision making based on Appendix EU (FM) which clearly states that when a decree absolute is issued, the non-eu is no longer the eea family member and therefore they are subject to apply for their status under the retained rights ruling, so regardless of whether you are already issued a PSS or not, you technically will lose your residency rights when divorce is completed because you are not any longer dependent on the your spouse !

mehdi1
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Re: EEA Pre-settled granted - what if divorce ??

Post by mehdi1 » Fri May 15, 2020 3:56 pm

Lh2oo wrote:
Fri Jan 17, 2020 1:10 pm
inesbankole wrote:
Thu Dec 26, 2019 7:20 pm
Obie wrote:
Sat Oct 26, 2019 10:53 am
You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.
Hi obie, Merry christmas.

Does it mean i can still the pre settled status i have right now and travel with my eu residence card?

I have divorced already and applied again to the settlement scheme under RoR.


It is been a month and no decision yet.

So since the previous pre settled status is still valid. I was wondering if i can travel using that and my EU residence card to travel and come back to the UK with no issues ?
Thanks a lotfor the reply
Any update please ?

I will receive My decree absolute February and I’m really confused to reapply for another pre settled status ( under retained right of stat ) or carry on with mine till I reach 5 years and apply for settled status.
Hi,
I applied for PSS back in January couple of weeks after decree absolute has been issued. I was too confused whether to apply or hold back until 5 years continuous residency reaches which is due this July 2020, but frankly i was worried that if i am reported by my ex as relationship didn't end well, i might be then in breach of regulations, and current UKRC risks to be no longer valid as i am technically no longer dependent on my ex-spouse and therefore i have made the decision of what my instinct told me is the right thing to do and applied on 31st Jan (brexit day :) ) - COA received 10 days later, still waiting ...

Imranali10
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Re: EEA Pre-settled granted - what if divorce ??

Post by Imranali10 » Fri May 15, 2020 9:12 pm

hello Mehdi1, you applied pre settle status first time or you reapplied after divorce?

mehdi1
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Re: EEA Pre-settled granted - what if divorce ??

Post by mehdi1 » Sat May 16, 2020 2:58 am

Imranali10 wrote:
Fri May 15, 2020 9:12 pm
hello Mehdi1, you applied pre settle status first time or you reapplied after divorce?
First time i apply under EUSS, how about you?

SZYMON
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Re: EEA Pre-settled granted - what if divorce ??

Post by SZYMON » Sun May 17, 2020 10:10 pm

Hi mate what document your submit for EUSS

SZYMON
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Re: EEA Pre-settled granted - what if divorce ??

Post by SZYMON » Sun May 17, 2020 10:22 pm

mehdi1 wrote:
Fri May 15, 2020 3:45 pm
askmeplz82 wrote:
Wed May 08, 2019 9:37 pm
yes you need to apply for pre-settled status again
Yes, you are correct!
EU Settlement Scheme follows instructions on their decision making based on Appendix EU (FM) which clearly states that when a decree absolute is issued, the non-eu is no longer the eea family member and therefore they are subject to apply for their status under the retained rights ruling, so regardless of whether you are already issued a Pre Settled Status or not, you technically will lose your residency rights when divorce is completed because you are not any longer dependent on the your spouse !
Yes I understand what you saying but the far as I know no one apply again for pre-settled under retained right residence!! ever EUSS saying
You can't apply again for pre-settled I called many times and always saying same thing

mehdi1
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Re: EEA Pre-settled granted - what if divorce ??

Post by mehdi1 » Mon May 18, 2020 1:53 pm

SZYMON wrote:
Sun May 17, 2020 10:22 pm
mehdi1 wrote:
Fri May 15, 2020 3:45 pm
askmeplz82 wrote:
Wed May 08, 2019 9:37 pm
yes you need to apply for pre-settled status again
Yes, you are correct!
EU Settlement Scheme follows instructions on their decision making based on Appendix EU (FM) which clearly states that when a decree absolute is issued, the non-eu is no longer the eea family member and therefore they are subject to apply for their status under the retained rights ruling, so regardless of whether you are already issued a Pre Settled Status or not, you technically will lose your residency rights when divorce is completed because you are not any longer dependent on the your spouse !
Yes I understand what you saying but the far as I know no one apply again for pre-settled under retained right residence!! ever EU Settlement Scheme saying
You can't apply again for pre-settled I called many times and always saying same thing

It depends on each individual, if they are comfortable with applying under ROR or not, but at some stage, when you are eligible for Settled Status, you will have to depend on yourself- now the question, could it face you with an issue, HO saying why didn't you attempt to retain your rights shortly post divorce as we all know they can be difficult :cry: That i am not sure of !

mehdi1
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Re: EEA Pre-settled granted - what if divorce ??

Post by mehdi1 » Mon May 18, 2020 2:01 pm

SZYMON wrote:
Sun May 17, 2020 10:10 pm
Hi mate what document your submit for EU Settlement Scheme
In short, Anything i could get hold of.
My passport, copy of ex spouse passport
MArriage cert- Divorce "decree absolute"
Proof of what i have left from living in Ireland used for previous successful applications (as we are surinder signhers)
Proof of residence in UK incl Date of entry to the UK, Payslips "as much as i can get hold of" P60s P45s Offer of employments, Utility bills in either joint name or same address, council tax bills...
Anyway, Docs to prove the marriage lasted for 3 yrs (5 yrs 3 months) and that we lived together for at least 1 year in uk during its duration (4 yrs 2 months)

let's see...

Yakouv
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Re: EEA Pre-settled granted - what if divorce ??

Post by Yakouv » Sun Sep 13, 2020 7:56 pm

Hi guys
I applied on 20 August 2019 for ROR
Biometric: 03th of September 2019
COA: 07th of September 2019
More info: 28th of February 2020 with pending desicion......
It's over than month took me to send more information during pandemic (15th of April 2020)
Contact MP: 22ed of June I heard from HO 27 July with nothing helpful to be more patient :D :D and when decision will be made they will contact me .
Decision:.................. still waiting with no comment :roll:

goodpartner
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Ukraine

Re: EEA Pre-settled granted - what if divorce ??

Post by goodpartner » Mon Sep 14, 2020 8:44 am

Yakouv wrote:
Sun Sep 13, 2020 7:56 pm
Hi guys
I applied on 20 August 2019 for ROR
Biometric: 03th of September 2019
COA: 07th of September 2019
More info: 28th of February 2020 with pending desicion......
It's over than month took me to send more information during pandemic (15th of April 2020)
Contact MP: 22ed of June I heard from HO 27 July with nothing helpful to be more patient :D :D and when decision will be made they will contact me .
Decision:.................. still waiting with no comment :roll:

just to double check, are you re-applying for pre-settled status based on retained rights of residence??


Thank you

Yakouv
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Re: EEA Pre-settled granted - what if divorce ??

Post by Yakouv » Tue Sep 15, 2020 9:28 am

Just retained rights of residence
My active solicitor just remember to contact them on 15th of September 2020 after one year and one month.... :roll:

Beausoleil
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Senegal

Re: EEA Pre-settled granted - what if divorce ??

Post by Beausoleil » Wed Sep 23, 2020 11:50 pm

Helloo !
Good Luck and please do update if any news ..
Thanks!

Obie
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Re: EEA Pre-settled granted - what if divorce ??

Post by Obie » Thu Sep 24, 2020 7:08 am

Yakouv wrote:
Tue Sep 15, 2020 9:28 am
Just retained rights of residence
My active solicitor just remember to contact them on 15th of September 2020 after one year and one month.... :roll:
Excessively long wait.
Smooth seas do not make skilful sailors

Jia2020
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China

Re: EEA Pre-settled granted - what if divorce ??

Post by Jia2020 » Wed Oct 14, 2020 10:45 am

I have read a lot comments and replies,

Can I believe that my pre-settlement status won't be effected by my marriage status?

I called the settlement scheme center and as lots of previous comments, I CANNOT apply the scheme again if I already have my pre settled result.

ISMAILDAS
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Re: EEA Pre-settled granted - what if divorce ??

Post by ISMAILDAS » Tue Jan 05, 2021 7:08 pm

Hello members of this community, I'll tell you all my experience with Home-Office EU resolution centre team,

Issue: Non EU national married for 20 and divorced but granted eu-presettle while being married.

Home office case worker told me that they are not curtailing EU presettle status even if the marriage doesn't last a single day after obtaining presettle.
They do curtail if you are involved in sham marriage or any offences in the country. Else, they don't.
Prior to this, I spoke with immigration adviser from gov.uk website and I also spoke with general Visa and immigration team on UK visa page, they both told me that the status will be curtailed.

But most importantly, the EU resolution centre team had a complete different view on it. They told, it's not going to be taken away. It's your status and you can travel in and out of the country and border won't ask you about family member, you do need to carry your brc and passport. That's it.


Hope it helps. ...

ISMAILDAS
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Re: EEA Pre-settled granted - what if divorce ??

Post by ISMAILDAS » Tue Jan 05, 2021 7:08 pm

Hello members of this community, I'll tell you all my experience with Home-Office EU resolution centre team,

Issue: Non EU national married for 20 and divorced but granted eu-presettle while being married.

Home office case worker told me that they are not curtailing EU presettle status even if the marriage doesn't last a single day after obtaining presettle.
They do curtail if you are involved in sham marriage or any offences in the country. Else, they don't.
Prior to this, I spoke with immigration adviser from gov.uk website and I also spoke with general Visa and immigration team on UK visa page, they both told me that the status will be curtailed.

But most importantly, the EU resolution centre team had a complete different view on it. They told, it's not going to be taken away. It's your status and you can travel in and out of the country and border won't ask you about family member, you do need to carry your brc and passport. That's it.


Hope it helps. ...

Obie
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Ireland

Re: EEA Pre-settled granted - what if divorce ??

Post by Obie » Tue Jan 05, 2021 7:22 pm

EU resolution team knows nothing about the law.

I fully agree with the lawyer on the law. If you split up and UKVI is aware, your leave will be curtailed.

It is not an independent right until you qualify for Settled status.
Smooth seas do not make skilful sailors

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