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Dependent Mother immigration status after son got divorced

Posted: Tue Aug 11, 2020 12:17 pm
by Chowdhary15
Hi Everyone,

I was hoping to get some advice about the situation I am going to be in next few months. The present situation is as below:

I(Non-eu citizen) am married to an eu citizen and we both have settled status. We have applied for my mother family permit 3 years ago which was got rejected and after which we appealed it in the court and the decision was in our favour and UKBA has issued her family permit. My mother came over to UK with family permit and after few months she has got BRP stating Family Member EU residence. She has been living in Uk for over 2 years now and has got Pre-settled status which was issued in October;2019.

Our marriage is on the verge of breaking and we might end up divorcing, we have been married for over 6 years.

The question I have got is, what will happen to my mother status if we get divorced as she was dependent on my spouse/ myself. She lives with us in our home, and if we separate then she will move to a new house with myself. Do I need to make UKBA aware of the situation?

How will this divorce/ seperation with effect my mother status in UK and what will be the consequences at the time when she will need to apply for settled status?

If you could please advice that would be highly appreciated

Many thanks

Re: Dependent Mother Immigration status if son get divorced

Posted: Tue Aug 11, 2020 12:18 pm
by Chowdhary15
Chowdhary15 wrote:
Tue Aug 11, 2020 12:17 pm
Hi Everyone,

I was hoping to get some advice about the situation I am going to be in next few months. The present situation is as below:

I(Non-eu citizen) am married to an eu citizen and we both have settled status. We have applied for my mother family permit 3 years ago which was got rejected and after which we appealed it in the court and the decision was in our favour and UKBA has issued her family permit. My mother came over to UK with family permit and after few months she has got BRP stating Family Member EU residence. She has been living in Uk for over 2 years now and has got Pre-settled status which was issued in October;2019.

Our marriage is on the verge of breaking and we might end up divorcing, we have been married for over 6 years.

The question I have got is, what will happen to my mother status if we get divorced as she was dependent on my spouse/ myself. She lives with us in our home, and if we separate then she will move to a new house with myself. Do I need to make UKBA aware of the situation?

How will this divorce/ seperation with effect my mother status in UK and what will be the consequences at the time when she will need to apply for settled status?

If you could please advice that would be highly appreciated

Many thanks

Re: Dependent Mother immigration status after son got divorced

Posted: Wed Aug 12, 2020 8:34 am
by Zerubbabel
I understand there is a retained right for divorced partners (like yourself) but I am not aware about a retained right for dependent family members or even unmarried partners. It means, when the 5 years expire, she may find it difficult to progress further on that immigration path.

Hope other people have more optimistic opinions.