Retained right of stay and pre settled status

[Amirkhan042]

But anyway, in order to keep pre-settled status, you need to hold ROR status, it is clear in the link I shared in my previous posts and in guidance version 2
[/quote]

What about those who don’t hold RoR and going to divorce while already having pre settled status and resident card??

[Amirkhan042]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Please Give a simple answer first that what will happen to me if I get divorced in start of next year
What do I have to do with my RC card that is for 5 years as a spouse of eeu family member expiring in December 2020 and my pres settlement which I have obtained this in February 2019.. as I don’t have ROR yet! will my pre settlement will be curtailed or not? 1 if not what will be my next step? 2 if yes what options I will have?

[inesbankole]

So is it better to apply for another pre settled under retained right of stay ?
Or apply for retained right of stay under EU law ?

In settlement scheme I cannot see any path to apply ROR(retain your rights as non EU). In order to keep your pre-settled status you must have your EU sponsor or retaine your rights under EEA. So you need to apply for ROR status under EEA if you met the conditions then you will be able to keep your pre-settled status, in the future you will be able to apply for settled status as well.

https://www.freemovement.org.uk/welcome ... -analysis/

This is not right EU settlement scheme caseworker guidnce clerly states that one can apply for ROR if you meet the criteria ie : 3 years of marriage, 1 year of residency
https://visas-immigration.service.gov.u ... nt-service

[Blacksea28]

So is it better to apply for another pre settled under retained right of stay ?
Or apply for retained right of stay under EU law ?

In settlement scheme I cannot see any path to apply ROR(retain your rights as non EU). In order to keep your pre-settled status you must have your EU sponsor or retaine your rights under EEA. So you need to apply for ROR status under EEA if you met the conditions then you will be able to keep your pre-settled status, in the future you will be able to apply for settled status as well.

https://www.freemovement.org.uk/welcome ... -analysis/

This is not right EU settlement scheme caseworker guidnce clerly states that one can apply for ROR if you meet the criteria ie : 3 years of marriage, 1 year of residency
https://visas-immigration.service.gov.u ... nt-service

The link you shared is irrelevant. Pls double check

[Blacksea28]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Simply refer a link, source and/or page range where we can find ROR path in settlement scheme? (Regarding non-eu divorcing from EU spouse). I reviewed all updated version and what I found out is; ROR is under EEA route only, not appear under settlement scheme for non-eu spouse.

So basically, non-eu first need to grant ROR status under EEA route, and then they can apply to settlement or keep their pre-settled status. This is what happened after recent changes

[Amirkhan042]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Simply refer a link, source and/or page range where we can find ROR path in settlement scheme? (Regarding non-eu divorcing from EU spouse). I reviewed all updated version and what I found out is; ROR is under EEA route only, not appear under settlement scheme for non-eu spouse.

So basically, non-eu first need to grant ROR status under EEA route, and then they can apply to settlement or keep their pre-settled status. This is what happened after recent changes

How can you apply for ROR if they will always link you to settlement scheme?

For examples now if you want to apply for resident card you have to go through euss not like before or can we? If yes how? Thank you!

[goodpartner]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Simply refer a link, source and/or page range where we can find ROR path in settlement scheme? (Regarding non-eu divorcing from EU spouse). I reviewed all updated version and what I found out is; ROR is under EEA route only, not appear under settlement scheme for non-eu spouse.

So basically, non-eu first need to grant ROR status under EEA route, and then they can apply to settlement or keep their pre-settled status. This is what happened after recent changes

I refered a link above. https://www.gov.uk/settled-status-eu-ci ... ss-citizen


If you were previously married or in a civil partnership
You can also apply if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:

the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership



It does NOT say that you MUST have ROR status already. It says you can apply if such conditions are met!!!! Where you can see contradictions? when they refer you to proof page? They just use the same regulations regarding proof as it was used in EEA route.

[Blacksea28]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Simply refer a link, source and/or page range where we can find ROR path in settlement scheme? (Regarding non-eu divorcing from EU spouse). I reviewed all updated version and what I found out is; ROR is under EEA route only, not appear under settlement scheme for non-eu spouse.

So basically, non-eu first need to grant ROR status under EEA route, and then they can apply to settlement or keep their pre-settled status. This is what happened after recent changes

How can you apply for ROR if they will always link you to settlement scheme?

For examples now if you want to apply for resident card you have to go through EU Settlement Scheme not like before or can we? If yes how? Thank you!

For now I would follow the link related to ROR and apply through it,
https://www.gov.uk/family-permit/retain ... -residence

But in future they can change it, they may add ROR status under settlement scheme as well. The best way would be to ask HO once you got your divorce documentation. You are married over 3 years and lived in the UK more than 1 year so, you should be protected under EU law and get ROR status somehow in the future. I dont think that until the end of 2020 UK will have hard brexit and will disregard EEA rules,

[Blacksea28]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Simply refer a link, source and/or page range where we can find ROR path in settlement scheme? (Regarding non-eu divorcing from EU spouse). I reviewed all updated version and what I found out is; ROR is under EEA route only, not appear under settlement scheme for non-eu spouse.

So basically, non-eu first need to grant ROR status under EEA route, and then they can apply to settlement or keep their pre-settled status. This is what happened after recent changes

I refered a link above. https://www.gov.uk/settled-status-eu-ci ... ss-citizen


If you were previously married or in a civil partnership
You can also apply if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:

the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership



It does NOT say that you MUST have ROR status already. It says you can apply if such conditions are met!!!! Where you can see contradictions? when they refer you to proof page? They just use the same regulations regarding proof as it was used in EEA route.

After changes, once someone divorced from EEA nationals, it says that non-eu pre settled status will be curtailed. So which application you will make then? You will have to make ROR application to keep your pre-settled status.

[Obie]

Blacksea28, I like to allow the thread to flow and allow people to express their views, but I think it has got to the point where I feel the need to intervene.

There are clear provisions for people who meet the criteria for retention of residence, and you telling me there is not, is annoying me. It is like saying black is white. If provisions did not exist I will certainly not be coming here and making a fool of myself. Many people who know me over the decade I have been on this forum will attest to that.

You are confusing rather than helping members, and I really do feel I should, and must stop you from confusing them. I do think you must desist from this practise.

[goodpartner]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Simply refer a link, source and/or page range where we can find ROR path in settlement scheme? (Regarding non-eu divorcing from EU spouse). I reviewed all updated version and what I found out is; ROR is under EEA route only, not appear under settlement scheme for non-eu spouse.

So basically, non-eu first need to grant ROR status under EEA route, and then they can apply to settlement or keep their pre-settled status. This is what happened after recent changes

I refered a link above. https://www.gov.uk/settled-status-eu-ci ... ss-citizen


If you were previously married or in a civil partnership
You can also apply if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:

the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership



It does NOT say that you MUST have ROR status already. It says you can apply if such conditions are met!!!! Where you can see contradictions? when they refer you to proof page? They just use the same regulations regarding proof as it was used in EEA route.

After changes, once someone divorced from EEA nationals, it says that non-eu pre settled status will be curtailed. So which application you will make then? You will have to make ROR application to keep your pre-settled status.

No, it means you need just to re-apply again based on new grounds. In case of divorce if you meet the criteria for retained rights you can apply and get pre-settled status. The way it used to be before changes, it was uncertain whether people had to re-apply or apply with decree absolute for settled status when pre-settled status expired. Now, it is clear that people have to re-apply

Obie, if i am wrong, please correct me.

[Obie]

You are correct godpartner.

When you do settlement scheme application, you will be required to provide evidence of genuine relationship with an EEA national over a period of 5 years. People who cannot show 5 years of relationship can provide proof of eligibility in the form of a divorce certificate and evidence of when the proceedings were initiated.

No requirement to show evidence of treaty rights at time of divorce or proof that the Non EEA continue to exercise Treaty rights.

Additional cover letter may be necessary.

I will advise those who do not have the ID card of the EEA national to use the Regulations application, as they will get an appeal rights and will be able to beat the UKVI in court on the basis of development in the authorities.

[Amirkhan042]

Rule EU 14 (1)(a)(iii) of the Immigration Rules does provide for grant of Leave to Remain for applicant who qualifies for a retained right of Residence.

The point you are making clearly does not add up. It has the potential of confusing applicants, who are clearly entitled to apply for a pre-settled or Settled status, as the case may be, on the back of retained right of residence.

Simply refer a link, source and/or page range where we can find ROR path in settlement scheme? (Regarding non-eu divorcing from EU spouse). I reviewed all updated version and what I found out is; ROR is under EEA route only, not appear under settlement scheme for non-eu spouse.

So basically, non-eu first need to grant ROR status under EEA route, and then they can apply to settlement or keep their pre-settled status. This is what happened after recent changes

How can you apply for ROR if they will always link you to settlement scheme?

For examples now if you want to apply for resident card you have to go through EU Settlement Scheme not like before or can we? If yes how? Thank you!

For now I would follow the link related to ROR and apply through it,
https://www.gov.uk/family-permit/retain ... -residence

But in future they can change it, they may add ROR status under settlement scheme as well. The best way would be to ask HO once you got your divorce documentation. You are married over 3 years and lived in the UK more than 1 year so, you should be protected under EU law and get ROR status somehow in the future. I dont think that until the end of 2020 UK will have hard brexit and will disregard EEA rules,

Thank you so much!!!
Can you please read “curtailment guidance version 17 page 24 please? What it mean?

“ Curtailing leave obtained under the EU Settlement Scheme (EUSS)
From 1 October 2019, you may use certain grounds for considering the curtailment of leave (pre-settled status) for persons granted entry clearance under Appendix EU (Family Permit) of the Immigration Rules or for persons granted leave to enter or remain under Appendix EU of the Immigration Rules. Paragraph E320 of the Immigration Rules disapplies most of the General Grounds for Refusal set out in Part 9 of the Immigration Rules for such persons, but makes an exception allowing for curtailment as set out in paragraphs 323(i) as amended – that is under paragraph 322(2) and 322(2A) – and paragraph 323(ia) and 323(ii).
General grounds applying to EUSS leave
The grounds applying to persons who are granted limited leave to enter or remain under the EUSS or entry clearance under the EU(FP) are limited to those dealing with false representations or failure to disclose material facts in an application (such as where a person has claimed to be an EEA citizen or the family member of an EEA citizen when they were not, or an EEA citizen has claimed in a false identity to avoid disclosing criminal convictions), or ceasing to meet the requirements of the immigration rules as set out in Appendix EU or Appendix EU (Family Permit), for example a marriage breakdown involving a non-EEA spouse.
The following rules apply to curtailment:
• paragraph 322(2)
• paragraph 322(2A)
• paragraph 323(ia)
• paragraph 323(ii)
These are discretionary decisions. In the case of fraud and deception, you should only curtail if the deception or fraud is material to the grant of leave. You should not be curtailing the EUSS leave of an EU/EEA national if they would otherwise qualify for leave under the EUSS. In terms of liability to removal, if the person is an EU/EEA
Page 24 of 101Published for Home Office staff on 10 October 2019

national then they can remain in the UK without EUSS leave whilst exercising free movement rights, so they are not liable for removal unless they otherwise meet the current deportation threshold.
Further information on the EUSS can be found in European guidance.”

[Lh2oo]

Hello

So this the answer I got today from home office and I did mention about curtailment and it says I would need to reapply.

Thank you for contacting the EU settlement Resolution Centre.

It is understood you would like to know if you need to re-apply for pre-settled status once you have your decree absolute.

As you already hold pre-settled status, there is no requirement to re-apply for the same status again.

However, when you come to upgrade your status to settled status (after 5 years continuous residence in the UK), you may be required to evidence your divorce.

It’s so confusing!!!!!!!!

[aw17]

any body
(The grounds applying to persons who are granted limited leave to enter or remain
under the EUSS or entry clearance under the EU(FP) are limited to those dealing
with false representations or failure to disclose material facts in an application (such
as where a person has claimed to be an EEA citizen or the family member of an EEA
citizen when they were not, or an EEA citizen has claimed in a false identity to avoid
disclosing criminal convictions), or ceasing to meet the requirements of the
immigration rules as set out in Appendix EU or Appendix EU (Family Permit), for
example a marriage breakdown involving a non-EEA spouse.)
well i don,t know why every body is making it so confusing. try to under stand its talking about false representations or failure to disclose material facts.
there is nothing like that when divorce will happen it will Curtail.
there are 100 cases people are already divorced and than apply for visas. as civil records are not shared with home office.
like divorce is happen in other eea state how will home office know ??
there too many cases where a person get married divorce is done and he have all the details of certified copies of id and marriage certificates etc.
this curtailment guidejust told if you get visa via fasle representations or failure to disclose material facts.

[aw17]

well for more clairty
https://assets.publishing.service.gov.u ... .0-ext.pdf
read ppage 11 to 24 you will under stand there is nothing in about ror
thanks