EEA Pre-settled granted - what if divorce ??

[ISMAILDAS]

Thank you for your reply Obie,
If we see the 22 December 2020 curtailment letter guidelines from home page, it's says, the powers to curtail the pre settle are discretionary.
You may curtail if it's a sham marriage, if the person is found to commit any offence etc, but the power to curtail is discretionary and not mandatory.

This gives a ray of hope I beleive, since this tallies with I've been told on the phone, the powers are discretionary and not mandatory unless you do some offence in the country. ???

[ISMAILDAS]

Thank you for your reply Obie,
If we see the 22 December 2020 curtailment letter guidelines from home page, it's says, the powers to curtail the pre settle are discretionary.
You may curtail if it's a sham marriage, if the person is found to commit any offence etc, but the power to curtail is discretionary and not mandatory.

This gives a ray of hope I beleive, since this tallies with I've been told on the phone, the powers are discretionary and not mandatory unless you do some offence in the country. ???

[Obie]

Annex is 3 paragraph A3.2 of Appendix EU, clearly does not support what you are saying.

Yes there is a proportionality assessment that will need to be undertaken, that is a standard process in EU law, but it clearly provides for curtailment if a person cease to meet the conditions of Appendix EU.

Proportionality just means all factors of the case will be considered . However there is nothing that states there will not be curtailment unless there is marriage of convenience. That will be contrary to Annex 3 A3.2.

[goodpartner]

Annex is 3 paragraph A3.2 of Appendix EU, clearly does not support what you are saying.

Yes there is a proportionality assessment that will need to be undertaken, that is a standard process in EU law, but it clearly provides for curtailment if a person cease to meet the conditions of Appendix EU.

Proportionality just means all factors of the case will be considered . However there is nothing that states there will not be curtailment unless there is marriage of convenience. That will be contrary to Annex 3 A3.2.

Obie just to confirm, they curtail all non eu who divorced despite people live in uk for more than 1 year and more than 3 years of marriage?? then what people should do? apply for retained residence?

[Obie]

If you meet the requirements for retained rights in Appendix EU, then they will not revoke. But the notion that it is some form of independent right, is wholly misconceived.