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ROR for non-EU with pre-settled status - Divorcing

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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lifeintheuk12
Newly Registered
Posts: 1
Joined: Mon Jan 27, 2020 8:09 pm
United Kingdom

ROR for non-EU with pre-settled status - Divorcing

Post by lifeintheuk12 » Mon Jan 27, 2020 8:33 pm

Hi all,

First of all, thanks to people in this forum helps many expats here in UK!

I am non-eu who moved to UK together with EEA spouse on March 2019 with EEA family permit visa which was granted for 6 months(was valid from December 2018 to May 2019)

Once in the UK, my employer accepted EEA visa and I start working in the beginning of April 2019, my spouse was looking for a job and found a week after me and started permanently.

Beginning of April 2019 we both applied to pre-settled status and spouse got mid of april and I got 5 years pre-settled residence card around end of April.

Unfortunately, things started went wrong and we are about to seperate&divorce. And as it is seperation, probbaly my spouse will be leaving the UK by the end of April(but not certain date)

I am not sure if my pre-settled permit will be revooked, we are married in EU on April 2013. Visited UK with EEA visa in January 2016(to visit family in law)

What I found out is totaly confusingwhen you call or send emails you receive different responses;

1-) Some says if marriage is longer than 3 years and 1 year in the UK then re-apply to presettled
2-) Some says as marriage was outside UK, my ROR start counting once coming to the UK in March 2019 so I am not eligible for ROR
3-) Some says After divorce I can re-apply to presettled but as I do not hold PR I need my spouse's original ID document(Which I belive impossible for me after divorce)
4-) Some says even it will be over 3 years of marriage and 1 year in UK if my spouse leave the after April, as divorce will be and on that time my spouse will be outside UK, I will loose any rights to stay like not eligible for ROR etc. But, this seems for me more unfair because I am sure that many people can face the same and EU spouse will always use this as gun against non-eu like leave the UK for making more pain etc., isnt it?

Anyway, it is already sad for me after 7 years of marriage but just want to know and plan my future then.

Thank you to everyone who can help on it
Best

Blacksea28
Member
Posts: 115
Joined: Sun Mar 10, 2019 11:59 pm
Turkey

Re: ROR for non-EU with pre-settled status - Divorcing

Post by Blacksea28 » Thu Jan 30, 2020 11:58 pm

For many people it is also unknown querry... :/

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