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Pre-settled status and separated from EU spouse. What next?
Posted: Sat Dec 21, 2019 11:00 am
by atriponel
Hi there,
I am separated from my EU spouse and have a pre-settled status.
We have been married for over 3 years and been living in the UK for many years.
We have recently moved out of the place where we lived together.
I can apply for settled status in October 2021.
My question is should I divorce now and re-apply for the retained right of residence (has anyone done it? is it difficult?) or shall I just wait until I can apply for settled status with my spouse as my sponsor?
I have been working ever since I moved to the UK but I think I might have some problems getting hold of past payslips and I can't see if HMRC has all the information about my previous employments.
Please help!!
Re: Pre-settled status and separated from EU spouse. What next?
Posted: Sat Dec 21, 2019 11:17 am
by Roscoe1
Why do you think you need to show evidence of your employment history to make an application for a retain right of residence? If you need to apply for settled status as someone who has retained their right of residence, you will only need to show evidence of your own employment activities from when the divorce was finalized, you will need evidence of your spouse's exercise of treaty right prior and up to the point of the divorce being finalised.
Re: Pre-settled status and separated from EU spouse. What next?
Posted: Sat Dec 21, 2019 11:22 am
by atriponel
Well, that's good news!
I didn't know that and don't know why I thought I'd need to show that. Thank you!
Re: Pre-settled status and separated from EU spouse. What next?
Posted: Sat Dec 21, 2019 11:33 am
by atriponel
Although will I have to wait for another 5 years to apply for settled status after I get the retained right of residence?
A bit confused. Sorry
Re: Pre-settled status and separated from EU spouse. What next?
Posted: Sat Dec 21, 2019 11:56 am
by Roscoe1
No, you wouldn't have to. If you've been married for three years and divorced in the fourth, you will still count those years of marriage for the purpose of settled status or PR. The clock doesn't restart
Re: Pre-settled status and separated from EU spouse. What next?
Posted: Tue Dec 24, 2019 9:43 pm
by Amirkhan042
atriponel wrote: ↑Sat Dec 21, 2019 11:00 am
Hi there,
I am separated from my EU spouse and have a pre-settled status.
We have been married for over 3 years and been living in the UK for many years.
We have recently moved out of the place where we lived together.
I can apply for settled status in October 2021.
My question is should I divorce now and re-apply for the retained right of residence (has anyone done it? is it difficult?) or shall I just wait until I can apply for settled status with my spouse as my sponsor?
I have been working ever since I moved to the UK but I think I might have some problems getting hold of past payslips and I can't see if HMRC has all the information about my previous employments.
Please help!!
I THINK you are still consider Family member if you are separated but not divorced...please do some more research before getting divorce
Re: Pre-settled status and separated from EU spouse. What next?
Posted: Thu Jan 09, 2020 10:59 pm
by kumitrue
Roscoe1 wrote: ↑Sat Dec 21, 2019 11:17 am
you will need evidence of your spouse's exercise of treaty right prior and up to the point of the divorce being finalised.
May I just point out that exercising treaty rights has nothing to do with applications under the EU settlement scheme of any sorts. I understand the spouse might not even reside in the UK for one's retained reight to be confirmed provided an applicant meets other requirements, though it is an open question to me.