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Hi all,

Getting confused with my lawyer so i want to get some perspective here please.

So i am non eu citizen married to eu ntional but about to divorce after 3 years of marriage.

I want to apply for Retained right under EEA regulation however my lawyer is advising me to fill PR form saying that i am entitled to it even though i don't have 5 years continuous residency yet.

His point is as i am applying for ROR meaning i am retaining her rights so i should be filling the PR FORM and not the RESIDENCE CARD one.

I am confused and don't want to send the wrong form. i thought you have to have 5 years residency before PR even with retained right.

I thought i should apply for another residence card by filling residence card form and not PR but under retained right.

Any advice please guys

I do not think the lawyer knows what he is doing.

PR cannot be obtained until a period of 5 years has been completed in accordance with the regulations.

I am married now for 5.5 years
In uk 4 years residency.
I have UK issued BRP and also Pre setteled status.

Now my wife dont want to live with me. And dont want to divorce as well.

I called today to Eu settelment scheme helpline.

They said
Before your divorce is finalised, ur status will remain same.
After ur divorce is finalised, you dont need to apply until ur five year period come to end.

When u qualify for setteled status u can apply for setted status and you will be given setteled status under retain rights.

I am now confused.

Did they provide me correct information.

Please advise me if somebody know about this

Obie wrote: ↑

Sat Nov 02, 2019 1:42 am

I do not think the lawyer knows what he is doing.

PR cannot be obtained until a period of 5 years has been completed in accordance with the regulations.

Thanks Obie. That's what i thought. And it is only after that i can bring someone to the uk right? i mean if i remarry and the person is a non eu citizen living in africa

wish_uk wrote: ↑

Sat Nov 02, 2019 4:36 am

I am married now for 5.5 years
In uk 4 years residency.
I have UK issued BRP and also Pre setteled status.

Now my wife dont want to live with me. And dont want to divorce as well.

I called today to Eu settelment scheme helpline.

They said
Before your divorce is finalised, ur status will remain same.
After ur divorce is finalised, you dont need to apply until ur five year period come to end.

When u qualify for setteled status u can apply for setted status and you will be given setteled status under retain rights.

I am now confused.

Did they provide me correct information.

Please advise me if somebody know about this

i think the first part is right ''Your status remain the same until you divorce''

However the second part is not. I am in the same situation i asked them they told me the opposite saying i will need to reapply straight away for another pre settled under retained right as after divorce my status will no longer be valid.

It is quite what they are advising people. i dont think they know what they are doing.

Somebody correct on both points here if i am wrong?

inesbankole wrote: ↑

Sat Nov 02, 2019 7:21 am

wish_uk wrote: ↑

Sat Nov 02, 2019 4:36 am

I am married now for 5.5 years
In uk 4 years residency.
I have UK issued BRP and also Pre setteled status.

Now my wife dont want to live with me. And dont want to divorce as well.

I called today to Eu settelment scheme helpline.

They said
Before your divorce is finalised, ur status will remain same.
After ur divorce is finalised, you dont need to apply until ur five year period come to end.

When u qualify for setteled status u can apply for setted status and you will be given setteled status under retain rights.

I am now confused.

Did they provide me correct information.

Please advise me if somebody know about this

i think the first part is right ''Your status remain the same until you divorce''

However the second part is not. I am in the same situation i asked them they told me the opposite saying i will need to reapply straight away for another pre settled under retained right as after divorce my status will no longer be valid.

It is quite what they are advising people. i dont think they know what they are doing.

Somebody correct on both points here if i am wrong?

Thanks for reply.
Do u know what will be the procedure for reaplying.
Cz when i try to do it, it says that you have already done this before.

Please guide me step by step procedure after divorce.

Thanks