EEA Pre-settled granted - what if divorce ??

[northern4848]

Hi All,

I am non-EU and married to EEA national over 7 years, lived in the UK so less about 2-3 months. Currently I have pre-settled status and pre settled residence card.

I am wondering what happen in case of divorcing, anyone knows? With EEA family permit-BRC it was that non-eu was depended on EEA national but for pre-settled status there is no info about it.

After 5 years having pre-settled status, non-eu will be allowed to apply for settled status or in case of divorcing has to leave the uk? or has to apply for retained right of residence?

[Blacksea28]

Hi All,

I am non-EU and married to EEA national over 7 years, lived in the UK so less about 2-3 months. Currently I have pre-settled status and pre settled residence card.

I am wondering what happen in case of divorcing, anyone knows? With EEA family permit-BRC it was that non-eu was depended on EEA national but for pre-settled status there is no info about it.

After 5 years having pre-settled status, non-eu will be allowed to apply for settled status or in case of divorcing has to leave the uk? or has to apply for retained right of residence?

Quite interesting querry, I am unable but I am sure our superiors could be able to advise smth!!!

[Fbiboy2002]

I think you would have to re apply from bigning but as retained right that what I think

[askmeplz82]

You mentioned 7 years marriage

How long you both living in the U.K after marriage

I am wondering why you have pre settled status if you are married for 7 years ? Is it because you married outside the U.K ?

Anyway you can count 5 years from marriage date if married in the UK and if married outside the U.K. then date you both came to the U.K.

If you already have pre settled status then it’s same like residence card

You need to apply for retained right of residence under eu settlement

Requirement

- lived in the U.K. 1 year after marriage together
- marriage survived for 3 years
- on the date of divorce finalised EEA National was living in the UK

Only difference in eu settlement retained right of residence and Under EU law that non EEA national don’t need to show that EEA national was working on the date of divorce and home office relaxed about EEA national ID

You will find in this forum that non Eu national who applied for retained right of residence after divorce their application refused for 2 reason

- either no orignal ID submitted EU sponsor
- no proof of EEA national exercise treaty right during divorce finalised

[BootaKHAN]

I’m also in similar situation. I’ve settled status and will be going through divorce proceeding soon .

I wonder if anyone can help or provide information whether I’ll be needing to apply retain RC despite I’ve been given settled status. My current RC will be expiring on 2021 but I don’t know if it will be valid after divorce.
Settled status is only email confirmation which clearly say ILR or settled with out any limitations but unfortunately this is new category and not much information available.

Please if anyone with know can help . Thanks

[Fbiboy2002]

I’m also in similar situation. I’ve settled status and will be going through divorce proceeding soon .

I wonder if anyone can help or provide information whether I’ll be needing to apply retain RC despite I’ve been given settled status. My current RC will be expiring on 2021 but I don’t know if it will be valid after divorce.
Settled status is only email confirmation which clearly say ILR or settled with out any limitations but unfortunately this is new category and not much information available.

Please if anyone with know can help . Thanks

I have asked the same question on here before and the answer was divorce doesn't affect on your sattle status at all its permanent with no time restrictions you don't need to tell the home office about your divorce either, I have asked that question to the home office resolution centre before and the answer was
In answer to your query, a non-EEA national who has been granted settled status
based on their relationship with an EU national spouse will not lose their status if the
relationship then ends.
However, an individual will lose their settled status if they are outside of the UK for
more than a continuous period of 5 years.

[BootaKHAN]

Thank you .

[Blacksea28]

I’m also in similar situation. I’ve settled status and will be going through divorce proceeding soon .

I wonder if anyone can help or provide information whether I’ll be needing to apply retain RC despite I’ve been given settled status. My current RC will be expiring on 2021 but I don’t know if it will be valid after divorce.
Settled status is only email confirmation which clearly say ILR or settled with out any limitations but unfortunately this is new category and not much information available.

Please if anyone with know can help . Thanks

I have asked the same question on here before and the answer was divorce doesn't affect on your sattle status at all its permanent with no time restrictions you don't need to tell the home office about your divorce either, I have asked that question to the home office resolution centre before and the answer was
In answer to your query, a non-EEA national who has been granted settled status
based on their relationship with an EU national spouse will not lose their status if the
relationship then ends.
However, an individual will lose their settled status if they are outside of the UK for
more than a continuous period of 5 years.

Hmm, but do you know if the same rule valid for pre-settled or not really?

[northern4848]

You mentioned 7 years marriage

How long you both living in the U.K after marriage

-Only a couple of months

I am wondering why you have pre settled status if you are married for 7 years ? Is it because you married outside the U.K ?
-Married outside the UK and moved recently

Anyway you can count 5 years from marriage date if married in the UK and if married outside the U.K. then date you both came to the U.K.

If you already have pre settled status then it’s same like residence card

You need to apply for retained right of residence under eu settlement

Requirement

- lived in the U.K. 1 year after marriage together
- marriage survived for 3 years

- on the date of divorce finalised EEA National was living in the UK
On the date of divorce finalized... Even if my spouse would want to continue living in the UK, She would just leave to make the case harder as it is seperation, %90 of partner would do such...

Only difference in eu settlement retained right of residence and Under EU law that non EEA national don’t need to show that EEA national was working on the date of divorce and home office relaxed about EEA national ID
As I mentioned above, %90 of the partners would never give their ID or work info, just to not help as it is seperation , so good that they changed this

You will find in this forum that non Eu national who applied for retained right of residence after divorce their application refused for 2 reason

- either no orignal ID submitted EU sponsor
- no proof of EEA national exercise treaty right during divorce finalised

I thought, pre-settled/settled has the same rights, only the difference is that for settled status you can be outside the Uk for 5 years but for pre-settled status only 2 years. And also for pre-settled you need to complete 5 years to get settled in the future. In COA or in residence card, there is no info about sponsor or marriage, in COA it says that leave to remain until 2024 and no info about marriage/sponsor

Are you sure that there is the same route as BRC applicants for eu-settlement scheme granted people? I could not find any link or article on the internet

Thank you for the answers!

[askmeplz82]

“ you should be able to spend up to 5 years in a row outside the UK without losing your settled status (instead of 2 years with the indefinite leave to enter or remain you have now).

How long you can live outside the UK is still subject to approval by Parliament “ this is from home office website so it can change anytime


Under EU settlement you don’t need original ID / photocopy Or scan is OK . I was told 2 times both in written by EU settlement Scheme team

[Blacksea28]

You mentioned 7 years marriage

How long you both living in the U.K after marriage

-Only a couple of months

I am wondering why you have pre settled status if you are married for 7 years ? Is it because you married outside the U.K ?
-Married outside the UK and moved recently

Anyway you can count 5 years from marriage date if married in the UK and if married outside the U.K. then date you both came to the U.K.

If you already have pre settled status then it’s same like residence card

You need to apply for retained right of residence under eu settlement

Requirement

- lived in the U.K. 1 year after marriage together
- marriage survived for 3 years

- on the date of divorce finalised EEA National was living in the UK
On the date of divorce finalized... Even if my spouse would want to continue living in the UK, She would just leave to make the case harder as it is seperation, %90 of partner would do such...

Only difference in eu settlement retained right of residence and Under EU law that non EEA national don’t need to show that EEA national was working on the date of divorce and home office relaxed about EEA national ID
As I mentioned above, %90 of the partners would never give their ID or work info, just to not help as it is seperation , so good that they changed this

You will find in this forum that non Eu national who applied for retained right of residence after divorce their application refused for 2 reason

- either no orignal ID submitted EU sponsor
- no proof of EEA national exercise treaty right during divorce finalised

I thought, pre-settled/settled has the same rights, only the difference is that for settled status you can be outside the Uk for 5 years but for pre-settled status only 2 years. And also for pre-settled you need to complete 5 years to get settled in the future. In COA or in residence card, there is no info about sponsor or marriage, in COA it says that leave to remain until 2024 and no info about marriage/sponsor

Are you sure that there is the same route as BRC applicants for eu-settlement scheme granted people? I could not find any link or article on the internet

Thank you for the answers!

Seems that there is no Retain right of residence route etc in EU settlement scheme. There are some conditions to apply and meet but once granted then seems the same rights/rules for everyone.

[askmeplz82]

There is retained right of residence even in settlement scheme

Check the caseworker guidance

[Blacksea28]

There is retained right of residence even in settlement scheme

Check the caseworker guidance

Yes but all related to before applying to meet the conditions. There is nothing after having the status.

Can you refer a link/page pls?

[askmeplz82]

It’s same like applying under EU route

If you have pre settled status under EU settlement scheme because you are divorced

You can count 5 yrs from new RC issued date
Or before divorce date . If you count before divorce date then you will need to show EEA spouse residency proof / ID ( photocopy is ok )

It has to be 5 years continued residence

I

[Blacksea28]

It’s same like applying under EU route

If you have pre settled status under EU settlement scheme because you are divorced

You can count 5 yrs from new RC issued date
Or before divorce date . If you count before divorce date then you will need to show EEA spouse residency proof / ID ( photocopy is ok )

It has to be 5 years continued residence

I

What I understood from your post is;
Someone who had EEA permit, then divorced and got retained right of residence and then got pre-settled.

And now, figuring out 5 years continues residence for settled status.

You are mixing it with previous rules. Can you share the link or article or any source?

[northern4848]

REPLY FROM HOMEOFFICE:

Thank you for your question about regarding the result of your application.



It is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.

As a none EU Citizen you would still require a sponsor to apply for Settled status even if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:

the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
For further information regarding applying as a family member of an EU Citizen can be found here-

https://www.gov.uk/settled-status-eu-ci ... ss-citizen

https://www.gov.uk/guidance/eu-settleme ... eu-citizen



Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start.



UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey https://www.homeofficesurveys.homeoffic ... k/s/KKAJ8/.



Please note we cannot deal with any enquiries/replies sent directly to this mailbox.





Yours sincerely,



EU Settlement Resolution Centre

UK Visas & Immigration



1-Does it mean that you do not need retain right of residence if you have pre-settled?
2- Why they say like "you would need sponsorship for SETTLED status later..." instead of you must?
3- As a resulted, if non-eu has pre-settled and at least 3 years married + 1 year spent in the UK then eligible to apply for pre-settled in case of seperation?

[askmeplz82]

yes you need to apply for pre-settled status again

[northern4848]

yes you need to apply for pre-settled status again

Thanks for the reply but;
You do not need to apply pre-settled again or you do not need to apply retain right of residence if you have pre-settled status.

It is about settled status in the future, please re-read above HM answer

[askmeplz82]

I am sure you need to apply again ...

it doesn't make sense because after divorce you don't have right to reside because you are no longer EEA family member . so you need to apply again pre settled status and transfer that right to you so you are no longer dependent of an eu national

[northern4848]

I am sure you need to apply again ...

it doesn't make sense because after divorce you don't have right to reside because you are no longer EEA family member . so you need to apply again pre settled status and transfer that right to you so you are no longer dependent of an eu national

I understand your point of view but How do you know it better than HM? Do I need to tell HM that "Listen HM, You are not right, Can I re-apply pre-settled or what? "

[Blacksea28]

I am sure you need to apply again ...

it doesn't make sense because after divorce you don't have right to reside because you are no longer EEA family member . so you need to apply again pre settled status and transfer that right to you so you are no longer dependent of an eu national

Presettled and Settled status are under UK law and therefore, once you are granted, you are not dependent any more what I see.

If you are talking about EEA residency type then you would be right. Because it is under EU regulations and when you loose your EEA sponsor then you need to ask to UK to retain your right of residence. (If you meet with the requirements...)

[askmeplz82]

You trying to tell me an EEA FAMILY MEMBER who came to this country let say 1 month ago with his EEA SPOUSE and apply for PRE SETTLEMENT scheme and it been approved for 5 years he don't need to depend on his EEA SPOUSE anymore ? He is only here in the UK for 1 month and living together 1 month

[Blacksea28]

You trying to tell me an EEA FAMILY MEMBER who came to this country let say 1 month ago with his EEA SPOUSE and apply for PRE SETTLEMENT scheme and it been approved for 5 years he don't need to depend on his EEA SPOUSE anymore ? He is only here in the UK for 1 month and living together 1 month

Yes, because aim of to have presettled/settled status is to transfer EU based rights to UK system under UK law. There won't be any more EU rights once Brexit happen. EU or NON-EU won't make any difference, the only difference will be foreign who has leave to remain(presettled) or indefinite leave to remain(settled).

Also, that is why in EU Scheme COA and Bio cards, there is no status mentioned like "Family member of an EU"
or smth similar. There is only type of permit: Leave to remain and work permitted for 5 years (for instance presettled) , in COA it says eligible to apply to settled

[askmeplz82]

I found this in FREEDOM OF INFORMATION REQUEST WEBSITE ...

[Blacksea28]

I found this in FREEDOM OF INFORMATION REQUEST WEBSITE ...

*Yes but it is for those who already seperated and having retained right of residence... (it is about to be eligible for EU settlement scheme or not)

*We are talking about who already granted presettled status. (This is already applied to the scheme and granted the status)

You see the difference?