EEA Pre-settled granted - what if divorce ??

[TerryGH]

Maybe I'm missing something obvious, but can someone explain how it's possible to switch from pre-settled to settled in case of Retained Right of Residence?

E.g. in marriage 3 years, living together in the UK for 3 years, both received pre-settled status, and after that divorced.
What happens when 5 years reached by non-EEA ex-spouse? Can they apply independently or only if their EEA ex-spouse apply as well?

[Blacksea28]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

[CR001]

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

[Blacksea28]

For example I found here that Turkish people can get ILR status if he worked in the UK for past 5 years so I see that 5 years pre-settled can be combined with this one to switched to ILR but for turkish people only

https://www.gov.uk/turkish-worker-busin ... ligibility

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

[CR001]

Where exactly does it state that EU pre-settled status can be combined with the Turkish Worker visa???

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

Useful if you look at the 'OVERVIEW' tab of the link posted, which states it clearly!!!

Overview
You can apply for indefinite leave to remain (settlement) if you’re in the UK on a:

Turkish Worker visa
Turkish Businessperson visa

Also useful for members NOT to confuse visas under the UK Immigration Rules route to ILR with the EU settlement scheme for EU citizens and EU FM.

[Blacksea28]

It does not say about it, just assumption,


When you look at eligibility criteria, it seems tine after living/working 5 years legally in the UK
Eligibility

To be eligible to settle in the UK, you must have:

met the knowledge of language requirement
passed the Life in the UK test
registered with the police if you were told to
been living and working in the UK for the last 5 years without receiving public funds
spent no more than 180 days outside the UK in any 12 months in the last 5 years

A person must have held a Turkish Business visa for 5 years to apply for ILR. This has nothing to do with the EU settlement scheme as Turkey is not part of the EU.

“A person must have held a Turkish Business visa for 5 years to apply for ILR” , where exactly you saw it? Being in the UK for past 5 years and wotking legally is not eligibility criteria? it does not say only got business holders, says about workers as well??
Just asking

Useful if you look at the 'OVERVIEW' tab of the link posted, which states it clearly!!!

Overview
You can apply for indefinite leave to remain (settlement) if you’re in the UK on a:

Turkish Worker visa
Turkish Businessperson visa

Also useful for members NOT to confuse visas under the UK Immigration Rules route to ILR with the EU settlement scheme for EU citizens and EU FM.

Thank you for notice, overlooked to it.

Yes, but we do not aim to confuse anyone, there is no direct/clear state for pre-settled holders in this matter, that is why trying to questioning and gather more info from the other members.

[askmeplz82]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

I think I found your answer BLACKSEA28

https://www.gov.uk/government/publicati ... ocess-work

[Blacksea28]

is not confusing . you just need to full fill the condition of retains right.and for the rc if it expires and you are residence is continue can apply for settle as all rc are valid for 5 years . and when they expire you can not use it as id to apply . so you have to use passport as all non eu then need to submit bio and will get ilr card

Yes, I found it the same, you have this status for upcoming 5 years and if you want settled status after then, you have to meet with the condition of retained right of residence or you need to have another EU sponsor, otherwise, you won't be able to get settled.

I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?

I think I found your answer BLACKSEA28

https://www.gov.uk/government/publicati ... ocess-work

This was already found ASKMEPLZ82

By the way, the question was "I am wondering if you work permanently during this 5 years, is it possible to switch into another type of residency?"

[TerryGH]

And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?

[Blacksea28]

And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?

If you are granted pre-settled status, you do not need to apply ROR or you do not need to change your status, you are not depency of anyone during that 5 years.
But in the future(i.e. after 5 years of having pre-settled), if you wish to apply for settled status you need to meet the criteria as ROR,

So as a resulted, if you want to get settled status after 5 years, then, you need to meet ROR criteria or find another sponsor or leave the UK

https://www.gov.uk/government/publicati ... ocess-work

6.9. Under the Free Movement Directive, some family members retain the right of residence after their relationship with an EU citizen resident in the UK has ended. Where they are themselves an EU citizen, they will be able to rely on their own continuity of residence to apply for status under the scheme. Otherwise, these family members will be able to rely on the retained right of residence as well as their earlier continuous residence as a family member of an EU citizen to establish their eligibility for settled status (indefinite leave to remain) after five years’ continuous residence in total, or for pre-settled status (five years’ limited leave to remain), in the following circumstances:

The applicant is a non-EU citizen family member of an EU citizen who was continuously resident in the UK by 31 December 2020 and that EU citizen has died; and the applicant was continuously resident in the UK as their family member for at least a year immediately before their death; or

The applicant is the child of an EU citizen who was continuously resident in the UK by 31 December 2020 and that EU citizen has died (or of their spouse or civil partner immediately before their death) – or is the child of an EU citizen who was continuously resident in the UK by 31 December 2020 and then ceased to be so (or of their spouse or civil partner at that point) – and the child was attending an educational course31 in the UK immediately before the EU citizen died or ceased to reside in the UK, and continues to attend such a course; or

The applicant is an EU citizen or non-EU citizen who is the parent with custody of such a child (meaning that the child normally lives with them or does so part of the time, and includes arrangements which have been agreed informally and those which are subject to a court order for determining with whom the child is to live and when); or

The applicant is a non-EU citizen who ceased to be a family member of an EU citizen who was continuously resident in the UK by 31 December 2020 on the termination of their marriage or civil partnership with that person; the applicant was resident in the UK at the date of the termination; and one of the following applies:

(a) Prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been continuously resident in the UK for at least one year during its duration; or

(b) The applicant has custody of a child of the EU citizen (as above); or

(c) The applicant has the right of access to a child of the EU citizen, where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or

(d) The continued right of residence in the UK of the applicant is warranted by particularly difficult circumstances, such as where the applicant or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting.

[Blacksea28]

And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?

What is different than EE family permit is that they do not cancel your BRC as with EEA you are fully dependent to EEA family member. So with pre-settled, you have it for the following 5 years.

And the other thing that ROR criteria is also better than previous EEA Ror criteria. I.e. if marriaged lasted 3 years or more and 1 year lived together in the UK then you are entitled to get settled status(no treaty rights, spouse ID etc, requirement as before) very simple than before

[askmeplz82]

" is that they do not cancel your BRC as with EEA you are fully dependent to EEA family member. So with pre-settled, you have it for the following 5 years "

I can't agree with you on that one. I believe if your marriage lasted less then 3 years even with PRE SETTLEMENT it can be revoked.

I am waiting for a reply from Home office .. let see what they say

[dinotinto]

Hi all I am about to submit my application for pre-settled status, as a Non eea family member who was married for 3yrs and 5 months, got separated separated about a month ago and currently going through the process of divorce. I have got a residence card from the previous(pre-eu settlement scheme ) process confirming my rights (not retained as of today as divorce just started)already. Haven seen different posts about applying for the settled/pre-settled status even before decree absolute gets issued, I called the eu settlement scheme resolution centre to check the possibility of this and was told it is okay to apply. I'm however still skeptical and would like to know if anyone actually have been able to retain their rights via the scheme despite waiting on divorce proceedings finalisation. and if so, what documentation were submitted as part of the application.
Thanks

[askmeplz82]

And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?

What is different than EE family permit is that they do not cancel your BRC as with EEA you are fully dependent to EEA family member. So with pre-settled, you have it for the following 5 years.

And the other thing that ROR criteria is also better than previous EEA Ror criteria. I.e. if marriaged lasted 3 years or more and 1 year lived together in the UK then you are entitled to get settled status(no treaty rights, spouse ID etc, requirement as before) very simple than before

“ Once pre-settled status has been granted it can only lapse if a supervening event has occurred or if you spend more than 2 years in a row outside the UK “

This is from EU resolution team . I am
Still waiting to hear from EU Settlement Scheme caseworker who would know better . It was freedom of information request so can take 1 month to get a reply

[Blacksea28]

And what happens if ex EEA spouse leaves the county after ROR is granted?
Is it still possible to get settled status after 5 years of residence in the UK?

What is different than EE family permit is that they do not cancel your BRC as with EEA you are fully dependent to EEA family member. So with pre-settled, you have it for the following 5 years.

And the other thing that ROR criteria is also better than previous EEA Ror criteria. I.e. if marriaged lasted 3 years or more and 1 year lived together in the UK then you are entitled to get settled status(no treaty rights, spouse ID etc, requirement as before) very simple than before

“ Once pre-settled status has been granted it can only lapse if a supervening event has occurred or if you spend more than 2 years in a row outside the UK “

This is from EU resolution team . I am
Still waiting to hear from EU Settlement Scheme caseworker who would know better . It was freedom of information request so can take 1 month to get a reply

A few people already asked to HO and got reply and posted in previous pages already...

[askmeplz82]

so they can revoke pre settled status if supervening event occurred and one of them Is .

Regulation 23 of the EEA regulation 2006

A person is not entitled to be admitted to the United Kingdom as the family member of an EEA national under regulation 11(2) unless, at the time of arrival—

(a)that person is accompanying the EEA national or joining the EEA national in the United Kingdom; and

(b)the EEA national has a right to reside.

Right to reside under EEA LAW : if you’re from the EU, EEA or Switzerland and you’re one of the following:

employed
self-employed
registered as a jobseeker
self-sufficient
a student

Right to Reside Under settlement Scheme: Continues residence in the UK So technically if your EEA family member left the UK permanetly before your completed 3 years in the UK if married or 5 years as an extended family member they can revoke the pre settled status in the border by Immigration officer .

obviously one can argue that EEA NATIONAL can be outside the UK for 2 years with PS and 5 years with settled status ( this is still subject to parliament approval ) ..

[Blacksea28]

so they can revoke pre settled status if supervening event occurred and one of them Is .

Regulation 23 of the EEA regulation 2006

A person is not entitled to be admitted to the United Kingdom as the family member of an EEA national under regulation 11(2) unless, at the time of arrival—

(a)that person is accompanying the EEA national or joining the EEA national in the United Kingdom; and

(b)the EEA national has a right to reside.

Right to reside under EEA LAW : if you’re from the EU, EEA or Switzerland and you’re one of the following:

employed
self-employed
registered as a jobseeker
self-sufficient
a student

Right to Reside Under settlement Scheme: Continues residence in the UK So technically if your EEA family member left the UK permanetly before your completed 3 years in the UK if married or 5 years as an extended family member they can revoke the pre settled status in the border by Immigration officer .

obviously one can argue that EEA NATIONAL can be outside the UK for 2 years with PS and 5 years with settled status ( this is still subject to parliament approval ) ..

EU Settlement Scheme is under British law, not like EEA

By the way, I already ask this to border immigration officers, there is no requirement for pre-settled status holders...

Your theories are related to EEA

[askmeplz82]

Email from EU settlement Team

[Blacksea28]

Email from EU settlement Team

It is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.

As a none EU Citizen you would still require a sponsor to apply for Settled status even 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
For further information regarding applying as a family member of an EU Citizen can be found here-

https://www.gov.uk/settled-status-eu-ci ... ss-citizen

https://www.gov.uk/guidance/eu-settleme ... eu-citizen



Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start.



UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey https://www.homeofficesurveys.homeoffic ... k/s/KKAJ8/.



Please note we cannot deal with any enquiries/replies sent directly to this mailbox.





Yours sincerely,



EU Settlement Resolution Centre

UK Visas & Immigration

[goodpartner]

Email from EU settlement Team

It is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.

As a none EU Citizen you would still require a sponsor to apply for Settled status even 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

So, it is not quite clear from this answer. If a person who was in marriage 3+ years and lived at least 1 year during that time in Uk can not apply for settled status on his own? I don't quite get YOU WOULD STILL REQUIRE A SPONSOR!? Or a person can get settle status based on retained rights of residence?

[Blacksea28]

Email from EU settlement Team

It is understood that you have been granted pre settled status and want to know what your rights would be as a none EU citizen should you divorce or separate from your EU partner.

As a none EU Citizen you would still require a sponsor to apply for Settled status even 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

So, it is not quite clear from this answer. If a person who was in marriage 3+ years and lived at least 1 year during that time in Uk can not apply for settled status on his own? I don't quite get YOU WOULD STILL REQUIRE A SPONSOR!? Or a person can get settle status based on retained rights of residence?

According to HM email, If they meet with one of the following, they can apply to settled by their own.

*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

[dinotinto]

Married dec15
Separated Feb 19
Divorce on going

21/05 Application submitted online.
21/05 COA Email received.
23/05 Pre-settled status received for 5 years...... already have a biometric card.

I mentioned I am separated in my application and divorce process almost done. Apparently I am still linked to my ex partner. Does anyone know if it is alright for me to travel when divorce is completed or do i need to reapply again for another pre-settled status under retained rights? And for those with retained rights.. does it say on the online status checker you have retained your rights? as mine just says pre-settled and nothing else.
Thanks

[dinotinto]

I am sure you need to apply again ...

it doesn't make sense because after divorce you don't have right to reside because you are no longer EEA family member . so you need to apply again pre settled status and transfer that right to you so you are no longer dependent of an eu national

I contacted HM about this issue exactly and they said you cant apply for pre settled status twice if you have been granted before, even if you get divorced. They continued by saying if you get pre-settled status as someone married to an eu citizen or as an eu citizen or as retained rights they all carry the title "pre-settled status" and not pre settled eu family member nor pre-settled retained rights.. so nobody knows which is which, all you are is pre-settled status holder. your divorce certificate will only be needed when you are due settled status... and they specifically said, by then..just apply with the same documents you applied with for pre-settled and add your divorce certificate, to show you were married for at least 3 years before you divorced.

[Blacksea28]

I am sure you need to apply again ...

it doesn't make sense because after divorce you don't have right to reside because you are no longer EEA family member . so you need to apply again pre settled status and transfer that right to you so you are no longer dependent of an eu national

I contacted HM about this issue exactly and they said you cant apply for pre settled status twice if you have been granted before, even if you get divorced. They continued by saying if you get pre-settled status as someone married to an eu citizen or as an eu citizen or as retained rights they all carry the title "pre-settled status" and not pre settled eu family member nor pre-settled retained rights.. so nobody knows which is which, all you are is pre-settled status holder. your divorce certificate will only be needed when you are due settled status... and they specifically said, by then..just apply with the same documents you applied with for pre-settled and add your divorce certificate, to show you were married for at least 3 years before you divorced.

Many people got the same answer from HM, but some people were struggling in order to have ROR status under EEA process in the past and now it is hard for them to see/accept that the process is very simple with EU settlement scheme...

Anyway, that is the process so if you got pre-settled status, you are free from any control for the following 5 years,

and if you meet ROR conditions and want to apply settled status in the future, you just need your divorce paper.

If you do not meet ROR condition, it seems that you cannot apply to settle status after that 5 years.

Thats it

[dinotinto]

I am sure you need to apply again ...

it doesn't make sense because after divorce you don't have right to reside because you are no longer EEA family member . so you need to apply again pre settled status and transfer that right to you so you are no longer dependent of an eu national

I contacted HM about this issue exactly and they said you cant apply for pre settled status twice if you have been granted before, even if you get divorced. They continued by saying if you get pre-settled status as someone married to an eu citizen or as an eu citizen or as retained rights they all carry the title "pre-settled status" and not pre settled eu family member nor pre-settled retained rights.. so nobody knows which is which, all you are is pre-settled status holder. your divorce certificate will only be needed when you are due settled status... and they specifically said, by then..just apply with the same documents you applied with for pre-settled and add your divorce certificate, to show you were married for at least 3 years before you divorced.

Many people got the same answer from HM, but some people were struggling in order to have ROR status under EEA process in the past and now it is hard for them to see/accept that the process is very simple with EU settlement scheme...

Anyway, that is the process so if you got pre-settled status, you are free from any control for the following 5 years,

and if you meet ROR conditions and want to apply settled status in the future, you just need your divorce paper.

If you do not meet ROR condition, it seems that you cannot apply to settle status after that 5 years.

Thats it

Have you travelled with the the pre-settled status before/ do you know anyone who has and what questions were asked at the border(what airport?) on their way back?