EEA Pre-settled granted - what if divorce ??

[askmeplz82]

SORRY spoke to Home Office Case worker ( not helpdesk ) and they told me If you apply for pre settled status as a family member of an Eu national you are still considered EU family member under brexit draft agreement. So if you future if you apply for PR OR RETAINED RIGHT OF RESIDENCE still you will have send EEA NATIONAL PASSPORT / RESIDENCY PROOF / PROOF OF LIVING TOGETHER IN THE UK / AND EU NATIONAL WAS LIVING ON THE DATE DIVORCE FINALISED

i will verify this with the HOME OFFICE SENIOR CASE WORKER. wait for few days ..

[Blacksea28]

SORRY spoke to Home Office Case worker ( not helpdesk ) and they told me If you apply for pre settled status as a family member of an Eu national you are still considered EU family member under brexit draft agreement. So if you future if you apply for PR OR RETAINED RIGHT OF RESIDENCE still you will have send EEA NATIONAL PASSPORT / RESIDENCY PROOF / PROOF OF LIVING TOGETHER IN THE UK / AND EU NATIONAL WAS LIVING ON THE DATE DIVORCE FINALISED

i will verify this with the HOME OFFICE SENIOR CASE WORKER. wait for few days ..

Hmm, I see, I cannot say %100 that I am right, I was just saying based on what home office replied and COA received etc. If you could get like rapid rule so please update us then.

By the way, I was traveling this weekend, in border control, they cheked my card and called senior officer, they all investigated and told me that I am holding a status(no longer EEA dependent) and with this status i am as induvidual and free to be in/out or stay(In luton airport), so very confusing...

[Blacksea28]

SORRY spoke to Home Office Case worker ( not helpdesk ) and they told me If you apply for pre settled status as a family member of an Eu national you are still considered EU family member under brexit draft agreement. So if you future if you apply for PR OR RETAINED RIGHT OF RESIDENCE still you will have send EEA NATIONAL PASSPORT / RESIDENCY PROOF / PROOF OF LIVING TOGETHER IN THE UK / AND EU NATIONAL WAS LIVING ON THE DATE DIVORCE FINALISED

i will verify this with the HOME OFFICE SENIOR CASE WORKER. wait for few days ..

And one more thing, you are still talking about IF YOU APPLY PRE SETTLED status... I am telling to you that I agree with you, while applying you must meet all criteria, I am talking about AFTER GRANTING PRE SETLLED STATUS(for those who ALREADY GRANTED) not about those who are going to apply

I do not know how can I explain it better to you then, so please ask to that senior caseworker about who holds pre settled not about who are going to apply for it...

[askmeplz82]

I asked this question

Someone who send pre settled application never had residence card before ( those who came very recently ) and in few years time if they breakup what application non Eu will send

That what he said “ we agreed with the EU that under EU settlement scheme they won’t require exercise treaty right of an EU National on the date of divorce . Rest of them same like before
Major difference is previously Eu national sponsor need to exercising treaty right on the date of divorce finalised to transfer that right to non Eu family member and now it’s residency “

[Blacksea28]

I asked this question

Someone who send pre settled application never had residence card before ( those who came very recently ) and in few years time if they breakup what application non Eu will send

That what he said “ we agreed with the EU that under EU settlement scheme they won’t require exercise treaty right of an EU National on the date of divorce . Rest of them same like before
Major difference is previously Eu national sponsor need to exercising treaty right on the date of divorce finalised to transfer that right to non Eu family member and now it’s residency “

Well, there is no info about this on any of web site or any of Home Office resolution center or even border police does not say such thing. There is also no route to apply in case of seperation as they say that no need for presettled/settled granted people. Still I cannot say %100 that it is right but what i can say is I am not talking about theories, I have this status, I contacted home office, i also travelled and spoke to border police so all says no dependency. But, may be it is quite new and unclear, time will show more then...

Eventually, I can refer this article where Ican clearly see what are the rights for settled/presettled status,

https://www.gov.uk/settled-status-eu-ci ... atus-means

[askmeplz82]

i am 100% sure this will apply when you apply for new settled status .

non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of their marriage

• have been resident in the UK at the date of the termination;
and
• meet one of the following:
prior to the initiation of the proceedings for the termination of the marriage least 3 years and the parties to the marriage had been resident in the UK for a continuous qualifying period of at least one year during its duration

One of the requirement for SETTLED STATUS IS you need to be EEA FAMILY MEMBER for 5 years OR if divorced marriage should lasted 3 years before divorce providing began So technically if you are divorced in less then 3 years you are not relevant EEA family member so your application with be VOID.

[aw17]

hi there i speak with the home office and they confirmed it if you once granted pre settle status you don,t need to apply again in case of divorce .you have to apply again only when you are eligible for settle status
this is what reply they send me
Thank you for your question about what the EU Settlement Scheme is and who should apply.



"Thank you for your question about what the EU Settlement Scheme is and who should apply.



Regarding your query, as you have stated, divorce proceedings have begun between you and your wife.



You do not need to re-apply for pre-settled status as you have already been granted this status.



Depending on your circumstances when you have completed 5 years residency in the UK, you may be eligible to apply for Settled Status under retained rights through your wife/ex-wife You can read about how you qualify as a family member and retained rights within the link below:



https://assets.publishing.service.gov.u ... e_2018.pdf



Please note that the Home Office does not provide immigration advice. If you need advice on your individual circumstances, you should contact an Immigration Advisor registered with the Office of the Immigration Services Commissioner (OISC). See:

www.gov.uk/government/organisations/off ... mmissioner.


Please see the Statement of Intent for Retained right of residence - paragraph 6.9
https://assets.publishing.service.gov.u ... e_2018.pdf



You can continue using your current Residence Card. However, you will not receive a new card when this expires. The EU Settlement Scheme is a digital process and your status will be linked to the Identity Document you use during the application process.



Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start.



UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey https://www.homeofficesurveys.homeoffic ... k/s/KKAJ8/.

[aw17]

and here this was the mail which i sent

hi there here is my situtaion married to eu partener 2015 october got residence card in 2017 got pre settle status in 2019 feb divorce proceeding starts in april 2019. 1 shuold i need to appply again after divorce ? 2 if not what doucments i need to sppourt my appliction for settle status later on when i will be eligible? 3 while travling back to uk what will be my respose to border officer about partner as in the system it still gonna show as married if i did not apply after divorce? 4my rc will expire in 2022. home office web says no doucments will be valid after decmber 2020 which are issued under eu law. will i get new rc card.? a breif response will be much appreciate.

[TerryGH]

Their response is very confusing. What happens if your ex-spouse leaves the country during 5 years of your BRP?
It sounds to me that you can still live here until your BRP expires, but you can't apply for a settled status after that.

[aw17]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

[askmeplz82]

So imagine you divorced your wife 2 years after marriage and then you continue using pre settled d status BRP what would happen when you travel outside the country

Don’t you think IO at the border / airport will ask you where is your Eu sponsor ? If you said I am divorced ( after 2 years ) they will still let you in ?

I don’t think would like to take that risk when coming back . What if your BRP under Eu Settlement Scheme is revoked because you are not relevant Eu family member anymore and marriage didn’t last 3 years ?

[Blacksea28]

So imagine you divorced your wife 2 years after marriage and then you continue using pre settled d status BRP what would happen when you travel outside the country

Don’t you think IO at the border / airport will ask you where is your Eu sponsor ? If you said I am divorced ( after 2 years ) they will still let you in ?

I don’t think would like to take that risk when coming back . What if your BRP under Eu Settlement Scheme is revoked because you are not relevant Eu family member anymore and marriage didn’t last 3 years ?

I said this to you that with pre-settled there is no connection to EEA spouse, so, while you are travelling no issue at all. I traveled, I also talked with border police at the airport and they confirmed. Pre-settled status is not the same as other EEA/EEA2 residency. With pre-settled status you are having individual status with no depency to any one.

Home office is also confirming it when I contact them and as you see when the other contact home office, they receive similar response.

I really dont understand you, why you are trying to make some theories without any source? If you have any article or email or writen source, then please share it so we can also see. otherwise, you are just missleading.

Of course no offence, just trying to make the things clear

[Blacksea28]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

[Blacksea28]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

[CR001]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

[TerryGH]

Maybe I'm missing something obvious, but can someone explain how it's possible to switch from pre-settled to settled in case of Retained Right of Residence?

E.g. in marriage 3 years, living together in the UK for 3 years, both received pre-settled status, and after that divorced.
What happens when 5 years reached by non-EEA ex-spouse? Can they apply independently or only if their EEA ex-spouse apply as well?

[Blacksea28]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

[CR001]

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

[Blacksea28]

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

[CR001]

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

Useful if you look at the 'OVERVIEW' tab of the link posted, which states it clearly!!!

Overview
You can apply for indefinite leave to remain (settlement) if you’re in the UK on a:

Turkish Worker visa
Turkish Businessperson visa

Also useful for members NOT to confuse visas under the UK Immigration Rules route to ILR with the EU settlement scheme for EU citizens and EU FM.

[Blacksea28]

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

Useful if you look at the 'OVERVIEW' tab of the link posted, which states it clearly!!!

Overview
You can apply for indefinite leave to remain (settlement) if you’re in the UK on a:

Turkish Worker visa
Turkish Businessperson visa

Also useful for members NOT to confuse visas under the UK Immigration Rules route to ILR with the EU settlement scheme for EU citizens and EU FM.

Thank you for notice, overlooked to it.

Yes, but we do not aim to confuse anyone, there is no direct/clear state for pre-settled holders in this matter, that is why trying to questioning and gather more info from the other members.

[askmeplz82]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

I think I found your answer BLACKSEA28

https://www.gov.uk/government/publicati ... ocess-work

[Blacksea28]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

I think I found your answer BLACKSEA28

https://www.gov.uk/government/publicati ... ocess-work

This was already found ASKMEPLZ82

By the way, the question was "I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?"

[TerryGH]

And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?

[Blacksea28]

And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?

If you are granted pre-settled status, you do not need to apply ROR or you do not need to change your status, you are not depency of anyone during that 5 years.
But in the future(i.e. after 5 years of having pre-settled), if you wish to apply for settled status you need to meet the criteria as ROR,

So as a resulted, if you want to get settled status after 5 years, then, you need to meet ROR criteria or find another sponsor or leave the UK

https://www.gov.uk/government/publicati ... ocess-work

6.9. Under the Free Movement Directive, some family members retain the right of residence after their relationship with an EU citizen resident in the UK has ended. Where they are themselves an EU citizen, they will be able to rely on their own continuity of residence to apply for status under the scheme. Otherwise, these family members will be able to rely on the retained right of residence as well as their earlier continuous residence as a family member of an EU citizen to establish their eligibility for settled status (indefinite leave to remain) after five years’ continuous residence in total, or for pre-settled status (five years’ limited leave to remain), in the following circumstances:

The applicant is a non-EU citizen family member of an EU citizen who was continuously resident in the UK by 31 December 2020 and that EU citizen has died; and the applicant was continuously resident in the UK as their family member for at least a year immediately before their death; or

The applicant is the child of an EU citizen who was continuously resident in the UK by 31 December 2020 and that EU citizen has died (or of their spouse or civil partner immediately before their death) – or is the child of an EU citizen who was continuously resident in the UK by 31 December 2020 and then ceased to be so (or of their spouse or civil partner at that point) – and the child was attending an educational course31 in the UK immediately before the EU citizen died or ceased to reside in the UK, and continues to attend such a course; or

The applicant is an EU citizen or non-EU citizen who is the parent with custody of such a child (meaning that the child normally lives with them or does so part of the time, and includes arrangements which have been agreed informally and those which are subject to a court order for determining with whom the child is to live and when); or

The applicant is a non-EU citizen who ceased to be a family member of an EU citizen who was continuously resident in the UK by 31 December 2020 on the termination of their marriage or civil partnership with that person; the applicant was resident in the UK at the date of the termination; and one of the following applies:

(a) Prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been continuously resident in the UK for at least one year during its duration; or

(b) The applicant has custody of a child of the EU citizen (as above); or

(c) The applicant has the right of access to a child of the EU citizen, where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or

(d) The continued right of residence in the UK of the applicant is warranted by particularly difficult circumstances, such as where the applicant or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting.