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EEA Sponsor with Settled Status left UK before Divorce is complete

Posted: Sat Mar 30, 2024 9:09 pm
by ibsinuk
Hi everyone,
I hope someone with similar situation or with experience can advise.

I am non EU married to an EU sponsor. I have pre-settled and my sponsor has settled status (Also referred to as right for permanent residence). We are divorcing soon but by the time the divorce is finalized (after 26 weeks) my sponsor will have been left the UK. I meet all the conditions for retained rights of residency, however I wanted to ask if the departure of my EEA sponsor before the divorce is finalized will have any impact on my application for retained rights of residency! The sponsor will still be in UK when the divorce will be initiated, but will not be in UK when the divorce is finalized. Please advise. Nothing on the Immigration (European Economic Area) Regulations 2016 or the Free Movement of Persons Directive 2004/38/EC. has mentioned this scenario, however, some lawyers indicated that it could potentially affect my application. Please advise. Thanks a lot