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Divorce from EEA national

Posted: Wed Sep 15, 2021 8:59 am
by markozajsen
Hi there,

Just wanted to get some info on what options my wife has in the future. We have made a mutual decision we are getting a divorce, I imagine the process might take few weeks, seeing we got married in Denmark.

I'm an EU citizen, living in the UK under the EU settled status with ILR condition, she has a Brazilian passport and Permanent residence card which is valid for the next 2 years.

If we get divorced, is her residence card still valid?

What other options she has?

Many thanks for your help.

Re: Divorce from EEA national

Posted: Wed Sep 15, 2021 11:48 am
by kamoe
markozajsen wrote:
Wed Sep 15, 2021 8:59 am
she has a Brazilian passport and Permanent residence card which is valid for the next 2 years.
Did she not apply to the EU Settlement Scheme? If she hasn't applied, any documentation issued under the old EEA rules ceased to be valid on June 30th 2021 (no matter what printed date says on card), even the Permanent Residence card, it needs to be updated with Settled Status under the EUSS Scheme.
If we get divorced, is her residence card still valid?
Again, her EEA permanent Residence card ceased to be valid on June 30th 2021 on account of Brexit... Unless she applies/applied to the EUSS. She would get a EUSS Settled Status, and she could keep using her EEA card, which will still be valid after divorce.
What other options she has?
As long as she sorts out her EUSS Settled Status she should be good after divorce.