EUSS Retained Rights of Residence Vs long residence visa

[rdgr2019]

Hi All ,

I have a situation wherein :

1. I arrived in the UK on Dec 2015 on ICT Tier 2 visa (have been an uk residence even since Dec 2015 - 8 years 2 months now)

2. I am an Indian National and hold an Indian passport.

3. I married my husband (EU citizen with settled status in the UK) in Sept 2019 , and have lived in together in London from April 2019 to Aug 2021 ( more than 2 years' worth of council tax bills and tenancy agreement
as proof of residing together)

4. I switched to Pre-Settled status under EUSS w.e.f. 28 Sept 2020 , which expires on 29 Sept 2025 (this is my current visa status in the UK)

5. My husband and I are currently separated (not filed for divorce yet) since Aug 2021.

6. From Aug 2021 till 13 March 2024 , we have been living and working separately in London.

7. Since 14th March 2024 , we have started living together , SOLELY to save money living in London , to buy a house (separately) at the end of 1 year. Since we separated , we have both worked on going back to becoming good friends (and bury the hatchet) while acknowledging that we are highly incompatible as a couple .

8. We both want to go ahead with a formal divorce , but in no particular rush.

9. I received an email from GOV.UK in Aug 2023 saying - "Pre-settled status will be automatically extended by 2 years before it is due to expire" .


My questions are based on the below scenarios :

Scenario A) : We get divorced right away ( if we file by march end , then assuming we get the formal decree absolute in 6 months - by end of Sept 2024 ?)

Scenario B) : We don't divorce right away AND I apply for ILR under Long Residence(10 year)route in Dec 2025
--> On 29 Sept 2025 : my pre-settled status gets automatically extended by 2 more years to 28 Sept 2027)
--> Dec 2025 : I have legally resided in the UK for 10 years and am eligible to apply for ILR under long residence route .

Question : Which route is more advisable (w.r.t. to cost, time taken to get ILR, acceptance rate and ease of application/processing/documents needed) ? Scenario A (retained rights of residence under EUSS) or Scenario B (ILR via Long Residence Route) ?

Thanks in advance for your input!

[contorted_svy]

Cost wise, applications under EUSS are free of charge. You would need to apply for retained right of residence though, which I am not sure at what stage should happen. You are technically still married but your relationship isn't solid - I wouldn't know if you needed to inform the HO about your change of circumstances considering your situation, and how that would affect your status. I think that is what you need to solve first, because if your current relationship status isn't conducive to retain your rights, you may lose your status and have to leave the country altogether, resetting also your clock towards ILR.