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Pre-settled granted - going through divorce

Posted: Sun Sep 29, 2019 10:45 pm
by jup13
Evening,
I wasn't sure where to post because i am new here.
Here is my situation.
I am a non-EEA family member with BRC currently going through a divorce.The DN will be heard on 3rd Oct.
Was married from feb 2017 until sep 2018 when the marriage broke down due to unreasonable behaviour(domestic violence).
We haven't been living together ever since.
Filled for divorce in end may 2019.
Now,i understand i need to apply for the pre-settled status.From the research i have deduced pre-settled status replaces Retained right status.Please correct me if i am wrong.
I am not sure what paperwork i need to send.

Here is what i have gathered;
I have scanned my BRC, passport and taken my picture.
I have evidence of the incidence;court and case paperwork.
I work.

Do i need to send this payslip/employment contract to show he is exercising the treaty.And if so payslip for how long. BRC was for recent 6 months i think.
Do i have to submit his passport as well?I don't think he has applied for the pre-settled status.We have not been in talking terms.I would rather not contact him unless there is no other choice.

What other paperwork do i have to submit in relation to him
Can i apply for the pre-settled status once the DN (3/10/2019) is out or i have to wait for DA.
Please help so that i do not run out of time.

Thank you.
Hope to hear from you soon.

Re: Pre-settled granted - going through divorce

Posted: Mon Sep 30, 2019 10:27 am
by Obie
You will have no right to the pre Settled status or a right to retained right of residence after divorce, as you proceed with divorce before the 3rd anniversary of your marriage, unless of course you have a child by the EEA national.

can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 9:38 pm
by jup13
Evening,
I wasn't sure where to post because i am new here.
Here is my situation.
I am a non-EEA family member with BRC currently going through a divorce.The DN will be heard on 3rd Oct.
Was married from feb 2017 until sep 2018 when the marriage broke down due to unreasonable behaviour(domestic violence).
We haven't been living together ever since.
Filled for divorce in end may 2019.
Now,i understand i need to apply for the pre-settled status.From the research i have deduced pre-settled status replaces Retained right status.Please correct me if i am wrong.
I am not sure what paperwork i need to send.

Here is what i have gathered;
I have scanned my BRC, passport and taken my picture.
I have evidence of the incidence;court and case paperwork.
I work.

Do i need to send this payslip/employment contract to show he is exercising the treaty.And if so payslip for how long. BRC was for recent 6 months i think.
Do i have to submit his passport as well?I don't think he has applied for the pre-settled status.We have not been in talking terms.I would rather not contact him unless there is no other choice.

What other paperwork do i have to submit in relation to him
Can i apply for the pre-settled status once the DN (3/10/2019) is out or i have to wait for DA.
Please help so that i do not run out of time.

Thank you.
Hope to hear from you soon.

Re: can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 9:45 pm
by CR001
Kindly keep your questions in ONE topic. Threads now merged!!

Re: Pre-settled granted - going through divorce

Posted: Tue Oct 01, 2019 9:47 pm
by CR001
Obie wrote:
Mon Sep 30, 2019 10:27 am
You will have no right to the pre Settled status or a right to retained right of residence after divorce, as you proceed with divorce before the 3rd anniversary of your marriage, unless of course you have a child by the EEA national.
Obie has already responded to your question posted on Sunday.

Note that you are not officially and legally divorced until the decree absolute is granted.

Re: can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 10:16 pm
by jup13
isn't there the 4th part which state that; victim of abusive relationship retain the right to live in uk after divorce.i though this over ride the 3 year married rule...

Re: can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 10:23 pm
by Obie
Do you have documented evidence like police report confirming domestic violence took place during your relationship?

Re: can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 10:27 pm
by jup13
yes..
court documents
retraining order

Re: can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 10:35 pm
by Obie
You may qualify if there is documented evidence of domestic violence.

Re: can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 10:44 pm
by jup13
is there a time period given for the switch after the DA comes out since the RC automatically becomes invalid.
i just wanna know when is the right time to apply.

many thanks

Re: can one apply for the settled status with Decree Nisi?

Posted: Tue Oct 01, 2019 11:21 pm
by askmeplz82
if it's domestic violence I recommend you don't contact your Ex and ask for help. Let the Home office do all the Home Work. They Can help you to find all his information

Re: can one apply for the settled status with Decree Nisi?

Posted: Wed Oct 02, 2019 6:25 am
by Fbiboy2002
askmeplz82 wrote:
Tue Oct 01, 2019 11:21 pm
if it's domestic violence I recommend you don't contact your Ex and ask for help. Let the Home office do all the Home Work. They Can help you to find all his information
Home work ? And home office help ? :!: :!: :shock:

Re: can one apply for the settled status with Decree Nisi?

Posted: Wed Oct 02, 2019 12:35 pm
by askmeplz82
because it's Domestic Violence .. Is cases like that it is better not to contact ex at all or They may think it's not genuine at all . I heard many cases where people fake this to get away from sponsor quickly

Under EU law you need to be married 3 years but only 1 year if it's domestic violence. I know a Brazilian lady who faked it but now a PR holder

Re: can one apply for the settled status with Decree Nisi?

Posted: Wed Oct 02, 2019 12:43 pm
by Obie
askmeplz82 wrote:
Wed Oct 02, 2019 12:35 pm
I know a Brazilian lady who faked it but now a PR holder
What is the relevance of you knowing a person who may have committed an offense to the forum and this topic.

Are you encouraging him to dodge it also?

If that is what you are seeking to do, it is not permissible, and I can assure you that I will be left with no choice but to ban your membership in those circumstances.