Divorce for Non EU.

[kingMatthewson]

Hi,

Please, I would gladly appreciate an advice or past experience on what to do.

I’m non EU National married to an EU National in 2018 and moved to the UK in Jan 2019. I will be eligible for settled status in Jan 2024.,but my wife is really turning into something else which I can’t bear anymore.

If I move out of the house and apply for a divorce, will I get a decree absolute or final order to use for my application within the few months left to apply for my settled status? Is there any other routes I can switch into?She may not want to give me her EU Passport or Card to make my application.
Please, wha exactly can I do.

Regards.

[zimba]

This is covered under ‘retained right of residence'.

You must have lived in the UK when the marriage or civil partnership ended. One of the following must also apply:

•the marriage or civil partnership lasted for at least 3 years and the couple had both been living in the UK for at least one year during that time
•you have custody of your previous family member’s child
•you have been given right of access in the UK to your previous family member’s child and the child is under 18
•you or another family member have experienced particularly difficult circumstances - for example, as the victim of domestic violence or abuse in the marriage or civil partnership

https://www.gov.uk/family-permit/apply- ... -residence

[kingMatthewson]

Hello Zimba.

Thank you for the response.

Please, does that means I must complete the divorce process and have a divorce papers to enable me apply for the retained right of residence?
I’m just kind of a doubt if the divorce papers will be ready as at the time I will be applying for my settled status or the retained right of residence seeing that I have as from Jan 2024 to apply.

I really need assistance and clarity on this please.

Regards.

[zimba]

No. Relationship simply breaking down is enough

[kingMatthewson]

Thank you very much Zimba.

Do I apply for the retained right of residence before January, 2024 for my settled status? And it does not require any documents for the application?

Thanks.

[zimba]

There is no separate process. You apply for settlement under the EU settlement scheme. You can qualify for settlement because of your retained right of residence. Read the link I provided above

[kingMatthewson]

That’s fine. Thank you so much.