ROR for non-EU with pre-settled status - Divorcing
Posted: Mon Jan 27, 2020 8:33 pm
Hi all,
First of all, thanks to people in this forum helps many expats here in UK!
I am non-eu who moved to UK together with EEA spouse on March 2019 with EEA family permit visa which was granted for 6 months(was valid from December 2018 to May 2019)
Once in the UK, my employer accepted EEA visa and I start working in the beginning of April 2019, my spouse was looking for a job and found a week after me and started permanently.
Beginning of April 2019 we both applied to pre-settled status and spouse got mid of april and I got 5 years pre-settled residence card around end of April.
Unfortunately, things started went wrong and we are about to seperate&divorce. And as it is seperation, probbaly my spouse will be leaving the UK by the end of April(but not certain date)
I am not sure if my pre-settled permit will be revooked, we are married in EU on April 2013. Visited UK with EEA visa in January 2016(to visit family in law)
What I found out is totaly confusingwhen you call or send emails you receive different responses;
1-) Some says if marriage is longer than 3 years and 1 year in the UK then re-apply to presettled
2-) Some says as marriage was outside UK, my ROR start counting once coming to the UK in March 2019 so I am not eligible for ROR
3-) Some says After divorce I can re-apply to presettled but as I do not hold PR I need my spouse's original ID document(Which I belive impossible for me after divorce)
4-) Some says even it will be over 3 years of marriage and 1 year in UK if my spouse leave the after April, as divorce will be and on that time my spouse will be outside UK, I will loose any rights to stay like not eligible for ROR etc. But, this seems for me more unfair because I am sure that many people can face the same and EU spouse will always use this as gun against non-eu like leave the UK for making more pain etc., isnt it?
Anyway, it is already sad for me after 7 years of marriage but just want to know and plan my future then.
Thank you to everyone who can help on it
Best
First of all, thanks to people in this forum helps many expats here in UK!
I am non-eu who moved to UK together with EEA spouse on March 2019 with EEA family permit visa which was granted for 6 months(was valid from December 2018 to May 2019)
Once in the UK, my employer accepted EEA visa and I start working in the beginning of April 2019, my spouse was looking for a job and found a week after me and started permanently.
Beginning of April 2019 we both applied to pre-settled status and spouse got mid of april and I got 5 years pre-settled residence card around end of April.
Unfortunately, things started went wrong and we are about to seperate&divorce. And as it is seperation, probbaly my spouse will be leaving the UK by the end of April(but not certain date)
I am not sure if my pre-settled permit will be revooked, we are married in EU on April 2013. Visited UK with EEA visa in January 2016(to visit family in law)
What I found out is totaly confusingwhen you call or send emails you receive different responses;
1-) Some says if marriage is longer than 3 years and 1 year in the UK then re-apply to presettled
2-) Some says as marriage was outside UK, my ROR start counting once coming to the UK in March 2019 so I am not eligible for ROR
3-) Some says After divorce I can re-apply to presettled but as I do not hold PR I need my spouse's original ID document(Which I belive impossible for me after divorce)
4-) Some says even it will be over 3 years of marriage and 1 year in UK if my spouse leave the after April, as divorce will be and on that time my spouse will be outside UK, I will loose any rights to stay like not eligible for ROR etc. But, this seems for me more unfair because I am sure that many people can face the same and EU spouse will always use this as gun against non-eu like leave the UK for making more pain etc., isnt it?
Anyway, it is already sad for me after 7 years of marriage but just want to know and plan my future then.
Thank you to everyone who can help on it
Best