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pre-settled to settled status/separated
Posted: Wed Dec 14, 2022 9:50 pm
by geesus312
I got pre-settled status based on my marriage to an EU citizen.
Next year, my partner might apply for divorce. We have been separated for 2 years now and we have a child together. We lived together for 2.5 years.
According to the notes from gov.uk, the marriage should have lasted 3 years in order to be eligible for retained rights.
Does the separation time actually counts towards the 3 years or it doesnt matter if you were separated? I am still legally married.
What are my options?
Re: pre-settled to settled status/separated
Posted: Mon Dec 19, 2022 4:50 pm
by seekingadvice87
hi
retained rights - at least 3 years legally married and 1 year living in uk to qualify.
how many years you married? how many years you live in uk?
how many years you live together as couple in uk?
what year you got married?
Re: pre-settled to settled status/separated
Posted: Mon Dec 19, 2022 7:03 pm
by geesus312
married in 2019
4 years married on paper.
approximately 2.5 years lived together in UK.
but 1.5 years separated, approximately, in UK.
No divorce has been started (so no divorce papers) but it might next year.
Question is:
did i have to be living with her during the full 3 years as in cohabiting because i can only prove 2.5 years cohabitation and not the full 3 years.
Re: pre-settled to settled status/separated
Posted: Tue Dec 20, 2022 10:05 am
by goodpartner
geesus312 wrote: ↑Mon Dec 19, 2022 7:03 pm
married in 2019
4 years married on paper.
approximately 2.5 years lived together in UK.
but 1.5 years separated, approximately, in UK.
No divorce has been started (so no divorce papers) but it might next year.
Question is:
did i have to be living with her during the full 3 years as in cohabiting because i can only prove 2.5 years cohabitation and not the full 3 years.
There is no legal requirement of "living together" - meaning that if you cannot prove that you lived under the same roof, it will not affect it. However, you both had to be residents of the UK for 1 year during those 3 years.
"the marriage or civil partnership lasted for at least 3 years and the couple had both been living in the UK for at least one year during that time"
Of course, if you have documents to prove cohabitation that is great, however what if you have documents but those documents were rerained by your EX and they dont want to give it to you?