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Posted: **Wed Mar 04, 2020 9:32 am**

Hi everyone
I have a question regarding the EU Settled Status under the EU Settlement Scheme.

I’m None EU national and have been married to an EU national for 8 years and I got my settled status in April 2019. We ve been separated since 2018 and she has decided to file for divorce.
I have a 1 year old child from my new relationship outside the UK.

My question is if my child is to join me in the UK do I have to apply under the UK immigration route since I’m getting divorced from EEA partner or can I apply under the EU settlement scheme route?
Do I lose EU privileges after the divorce even though I have settled status through EU settlement scheme? Because under the UK route I’m required to show £18,000 salary while the EU route does not require that.

What rights do I remain with while having EU settled status but divorced.

Thanks in advance

Posted: **Wed Mar 04, 2020 10:26 am**

can I apply under the EU settlement scheme route

It's not complicated really. As a settled person, your status doesn't depend on you being married. So you can divorce and that's it. You keep your status.

EEA routes are not available to you. They are only available to EEA passport holders. That's to say, an EEA national can bring you to the UK and sponsor you for that, but you cannot in your turn, use EEA route to sponsor someone else. There is no transmission for EEA rights.

So you have to go under UK routes.

Posted: **Wed Mar 04, 2020 9:51 pm**

Bizarrely, if the OP's wife has settled status and resides in the UK, and the OP's child came to the UK before the divorce was finalised, the child would be eligible for immediate settled status! However, it may be difficult to meet the requirements for evidence.

Posted: **Thu Mar 05, 2020 10:59 am**

Romano96 wrote: ↑
Wed Mar 04, 2020 9:32 am
Hi everyone
I have a question regarding the EU Settled Status under the EU Settlement Scheme.

I’m None EU national and have been married to an EU national for 8 years and I got my settled status in April 2019. We ve been separated since 2018 and she has decided to file for divorce.
I have a 1 year old child from my new relationship outside the UK.

My question is if my child is to join me in the UK do I have to apply under the UK immigration route since I’m getting divorced from EEA partner or can I apply under the EU settlement scheme route?
Do I lose EU privileges after the divorce even though I have settled status through EU settlement scheme? Because under the UK route I’m required to show £18,000 salary while the EU route does not require that.

What rights do I remain with while having EU settled status but divorced.

Thanks in advance

Hi , sorry you have pre-settled or settled status
After you divorce you you kept your settled without apply again?

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