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Hi
If a person has received PreSettled status for 5 years under the EU Settlement Scheme as a spouse, but separates from the spouse (not divorced, only separated) Does the person have to inform the home office?

No. Until a decree absolute is available, both partners are still legally married, and members of a family.

Thank You

What if the EU partner informs the home office of the separation to try and get the Non-EU spouse 'deported'?

As I said, a mere separation does not end the family relationship, therefore the non-EU spouse is not residing illegally in the UK, and in that sense the separation alone is not a basis for deportation.

Now, this has the potential to escalate, if for example, the non-EU spouse has been the perpetrator of a criminal offence, like domestic violence. In that case there might be consequences, but again, this has nothing to do with the separation, but with them committing the offence.

sauhs wrote: ↑

Tue Jan 26, 2021 9:48 pm

If a person has received PreSettled status for 5 years under the EU Settlement Scheme as a spouse, but separates from the spouse (not divorced, only separated) Does the person have to inform the home office?

There is this-

https://www.gov.uk/government/publicati ... nsent-form
Details

Use these forms to:
inform UKVI of a relationship breakdown
give UKVI permission to use information about your estranged spouse/partner

The short document to complete also states-

Public statement – relationship no longer subsisting


I, your name entered here , confirm that my relationship with insert name of estranged spouse partner no longer subsists, that I do not live with them and that I do not intend to live with them as my spouse or partner in the future.

JB007 wrote: ↑

Wed Jan 27, 2021 12:07 pm

sauhs wrote: ↑

Tue Jan 26, 2021 9:48 pm

If a person has received PreSettled status for 5 years under the EU Settlement Scheme as a spouse, but separates from the spouse (not divorced, only separated) Does the person have to inform the home office?

There is this-

https://www.gov.uk/government/publicati ... nsent-form
Details

Use these forms to:
inform UKVI of a relationship breakdown
give UKVI permission to use information about your estranged spouse/partner

The short document to complete also states-

Public statement – relationship no longer subsisting


I, your name entered here , confirm that my relationship with insert name of estranged spouse partner no longer subsists, that I do not live with them and that I do not intend to live with them as my spouse or partner in the future.

This means a spouse can inform a relationship has broken down, not that they must.

Also, as per the Cancellation of entry clearance and permission guidance, page. 36:

In considering curtailing EUSS and EUSS (FP) leave on the grounds of ceasing to meet the requirements of the immigration rules see ceasing to meet rules requirements: relationship breakdown, but note that this applies only to the nonEU/EEA spouse or civil partner and that the relationship breakdown must be to the extent that the marriage or civil partnership has legally terminated (such as through divorce or dissolution).

In such cases where you would otherwise consider curtailment to 60 days, you should not normally proceed with curtailment. For example, it is likely that you would only consider curtailment in a relationship breakdown where the non-EU/EEA exspouse or civil partner is the perpetrator of domestic violence or there is evidence of a sham marriage.

In other words, generally speaking, a mere separation should not trigger a curtailment. And even in cases of legal divorce completed, the caseworker must exercise discretion, and usually only curtail leave under the EU Settlement Scheme in the case of fraud or criminal offences, not solely because a relationship has broken down.

Perfect. Thank You very much

The case is one of domestic abuse. She left the house with the protection of the police, she is currently going through a rough time. If she does end up filing for a divorce. What happens in those circumstances? She arrived in the UK last year around March? Married for 2 and a half years

sauhs wrote: ↑

Fri Jan 29, 2021 12:30 pm

The case is one of domestic abuse. She left the house with the protection of the police, she is currently going through a rough time. If she does end up filing for a divorce. What happens in those circumstances? She arrived in the UK last year around March? Married for 2 and a half years

Then this is by no means representative of what you asked in your original question. Nothing to do with separation and all to do with a criminal offence. Not a black and white answer, the Home Office will exercise discretion as to wether revoke the person's status or not, based on the specific case. If the person ends up convicted with a prison sentence of 12 months or more, then it's a guaranteed deportation.

She isnt the perpetrator. She is the victim

sauhs wrote: ↑

Fri Jan 29, 2021 8:02 pm

She isnt the perpetrator. She is the victim

No one has said she is the guilty party, only that the guilty party might face deportation. This applies to all non-UK perpetrators, EU or not EU.

So... If I understand correctly, you are asking if a non-EU domestic violence victim might see their status revoked because their EU abuser might file for divorce? As already stated earlier, of course not. Revocation doesn't come as the result of the relationship falling apart, only comes against a perpetrator of a crime.

Yes that is what I meant. If the EU abusive partner was to maliciously try and get the Non-EU victim 'deported', would he be able to.
Thank You for clarifying this