Presettled and starting divorce proceedings.

[Carlnke]

Hi everyone,

I was wondering if I could get some advise.
I am a non EEA national who have been married to an EEA national since September 2016 (4.5months) and received my BRC - EEA FM in April 2017. I have received my presettled status in October 2020 so did my husband.
The Covid situation hasn’t been kind to us and we are contemplating a divorce and I am hoping to initiate proceedings within the month. I am not sure what the EUSS process is for a Presettled, non EEA national who has divorced after June 2021 as It seems the retained rights of residence process ends in June 2021 and it might be months before the divorce is finalised. We were due to apply for settled status sometime at the end of the year. When we both hit the 5year Mark.

I would appreciate it if anyone can give me some advice.

[goodpartner]

Why it seems for you that retained rights end in June 2021? Deadline June 2021 is for those who don't hold Pre-settled status/settled status in UK. Regarding retained rights, you should apply when you qualify for settled status. Please, senior members correct me if I am wrong.

[Carlnke]

Thank you for responding. I was trying to do some research online and saw on a solicitor’s blog post that retained right ends by June 2021 (along with the applications for the EUSS). I don’t know if this is correct as I have not found this information anywhere else. Not sure if retained rights is an EU law, if it is, then it is mostly likely to come to an end. Hence my question. What happens after June 2021. My divorce may not be finalised by then.