EEA Pre-settled granted - what if divorce ??

[goodpartner]

I don't know exactly where to ask this question. I will put it to BLACKSEA. What que in the airport with pre-settled status card you are going? EU or ALL passports?

Thank you!

[Blacksea28]

I don't know exactly where to ask this question. I will put it to BLACKSEA. What que in the airport with pre-settled status card you are going? EU or ALL passports?

Thank you!

All passports. Without being one of EU/EEA citizen, it is always all passports que as far as I know. For example I have permanent resident permit from one of EU, while entering to the country I was in EU que but they refused with the reason "Border police of EU que is unable to check non-eu passports(Probably they have different specialities or has different devices to check it" so I was routed to all passports

However, while entering to the UK, you do not fill in landing paper if you hold pre-settled/settled card told by border police

[askmeplz82]

You don't fill landing paper anymore from last month

[BootaKHAN]

I’ve have been legal since 2005 in UK but never applied any permanent or nationality etc , never needed as working full time .
Recently got divorced after 8 year of marriage and since Brexit mess , decided to apply for settle status. Me and my ex we both hold settle status.
Now my question is what is next ? Do I need to apply for any retention visa or I need to inform HO about divorce or anything else ?

Thanks

[Amirkhan042]

I am non EU married to EU partner for 3 years and 10 months though we are in relationship for six years almost....I have recently received my pre settle status till 2024 and my RC will expire in December 2020...we are in bad situation now days and she want to separate and possibly follow divorce....what will happen if Divorce is commenced I asked Eu settlement centre and below is their reply!

Many people in this forum mentioned there is no need of Eu Spouse ID while converting pre settle in to settle status after 5 year residency but they specifically ask me if I don’t have PR I will need her ID..making me scared as all previous case are refused because of ex ID!!!

Any thoughts? Can I apply for settle status after 14 months if I am divorced?



(Reply from home office)

Thank you for your question regarding the result of your application (xyz)

We understand that you are wondering about your status in the UK after a possible divorce with your EU spouse.

If you have been granted status under the scheme, should you get divorced you will not be required to reapply, your status will still stand, and is linked to the document you applied with.

As you applied with your partner as your sponsor, the status is still your own, therefore, you have no need to reapply in any form, as you will still retain the right to reside in the UK.

Regarding your residence card for travelling, this will not change, should you need to travel for any reason you would still do so the same way you have been previously.

When it comes to applying for settled status, should you be divorced at the time, your application may be slightly different in terms of how you applied this time round.

To be eligible to apply for the EU Settlement Scheme as a non-EEA family member who has retained the right of residence, the applicant must usually:

· Be a non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of their marriage/civil partnership
· Have been resident in the UK at the date of the termination.
· Have been married to the EEA citizen for at least 3 years prior to the initiation of the proceedings for the termination of the marriage and the parties in the marriage had been continuously resident in the UK for at least 1 year during its duration.

If you do not hold a permanent residence document, when you apply you will need proof of:

· Your identity and nationality
· The relevant EEA citizen’s identity and nationality
· The court order terminating the marriage
· Your residence in the UK at the date of the termination
· Your marriage to the relevant EEA citizen, for example a marriage certificate
· Your marriage having lasted for at least 3 years prior to the initiation of the legal proceedings for its termination, and both parties being resident in the UK for a continuous qualifying period of at least 1 year during its duration.

Please note: If any further evidence is required, then this will be requested by a caseworker.

[inesbankole]

Hi all, i am in the same situation been married for 3 years

i am waiting for decree absolute to apply

I wrote to the EU resolution centre and here is their answer :

We understand that you are soon to be divorced from the EU national who was your sponsor.



Once you are divorced you will need to make a new application for Pre-Settled Status under the rule of retained rights.



To be eligible to apply for the EU Settlement Scheme as a non-EEA family member who has retained the right of residence, the applicant must usually:



· Be a non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of their marriage

· Have been resident in the UK at the date of the termination.

· Have been married to the EEA citizen for at least 3 years prior to the initiation of the proceedings for the termination of the marriage. And the parties to the marriage had been continuously resident in the UK for at least 1 year during its duration.



As you do not hold a permanent residence document, when you apply you will need proof of:



· Your identity and nationality

· The relevant EEA citizen’s identity and nationality

· The court order terminating the marriage

· Your residence in the UK at the date of the termination

· Your marriage to the relevant EEA citizen, for example a marriage certificate

· Your marriage having lasted for at least 3 years prior to the initiation of the legal proceedings for its termination, and both parties being resident in the UK for a continuous qualifying period of at least 1 year during its duration.



Please note: If any further evidence is required, then this will be requested by a caseworker.


When you apply, you will need to use a valid passport. Do not use your Biometric Residence Card as this will no longer be valid once you are divorced.



As you will not have a valid biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo) when you apply.

You’ll be told if you need to use UKVCAS when you apply, and be given instructions on how to book your appointment. For more information about this service please visit:
https://www.gov.uk/ukvcas

To find your closest UKVCAS hub please visit:
https://www.ukvcas.co.uk/locations


To apply please use the following link:

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



If your application is successful, you’ll be given either settled or pre-settled status.



You can find more information about what rights you get for each status here: https://www.gov.uk/settled-status-eu-ci ... atus-means



As you have status as a family member of an EU national you need to travel with your EU sponsor if you are relying on this status to enter the UK.



Once you have been granted status under retained rights you can travel without your former EU sponsor.



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://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5


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

Yours sincerely,

[Blacksea28]

Hi all, i am in the same situation been married for 3 years

i am waiting for decree absolute to apply

I wrote to the EU resolution centre and here is their answer :

We understand that you are soon to be divorced from the EU national who was your sponsor.



Once you are divorced you will need to make a new application for Pre-Settled Status under the rule of retained rights.



To be eligible to apply for the EU Settlement Scheme as a non-EEA family member who has retained the right of residence, the applicant must usually:



· Be a non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of their marriage

· Have been resident in the UK at the date of the termination.

· Have been married to the EEA citizen for at least 3 years prior to the initiation of the proceedings for the termination of the marriage. And the parties to the marriage had been continuously resident in the UK for at least 1 year during its duration.



As you do not hold a permanent residence document, when you apply you will need proof of:



· Your identity and nationality

· The relevant EEA citizen’s identity and nationality

· The court order terminating the marriage

· Your residence in the UK at the date of the termination

· Your marriage to the relevant EEA citizen, for example a marriage certificate

· Your marriage having lasted for at least 3 years prior to the initiation of the legal proceedings for its termination, and both parties being resident in the UK for a continuous qualifying period of at least 1 year during its duration.



Please note: If any further evidence is required, then this will be requested by a caseworker.


When you apply, you will need to use a valid passport. Do not use your Biometric Residence Card as this will no longer be valid once you are divorced.



As you will not have a valid biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo) when you apply.

You’ll be told if you need to use UKVCAS when you apply, and be given instructions on how to book your appointment. For more information about this service please visit:
https://www.gov.uk/ukvcas

To find your closest UKVCAS hub please visit:
https://www.ukvcas.co.uk/locations


To apply please use the following link:

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



If your application is successful, you’ll be given either settled or pre-settled status.



You can find more information about what rights you get for each status here: https://www.gov.uk/settled-status-eu-ci ... atus-means



As you have status as a family member of an EU national you need to travel with your EU sponsor if you are relying on this status to enter the UK.



Once you have been granted status under retained rights you can travel without your former EU sponsor.



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://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5


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

Yours sincerely,

Do you hold EEA family permit currently or pre-settled status? or both of them? Seems like you hold EEA family permit residence card

[inesbankole]

I hold 5 years EU residence card and Pre settled status. My question is it looks like they are giving two different answers to people. but i will follow their advice

[Lh2oo]

Hello
Im in the same boat , hold 5 years eu residency card and pre settled status. Waiting for decree absolute.
Im really confused, to apply for ROR under eu law or carry on with pre settled status ( have contacted home office they told me in many occasions I don’t have to re apply for again ) but I have read they gave different answer to people .

Can you please share your experience
Thank you

[Obie]

You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.

[Lh2oo]

Hey obie

Thanks for clarification. So is it better to apply for another pre settled status under right of stay ?
And can reapply ?

Thanks

[Amirkhan042]

Hello
Im in the same boat , hold 5 years eu residency card and pre settled status. Waiting for decree absolute.
Im really confused, to apply for ROR under eu law or carry on with pre settled status ( have contacted home office they told me in many occasions I don’t have to re apply for again ) but I have read they gave different answer to people .

Can you please share your experience
Thank you

Hi! Please keep updating us.. when is your brc going to expire? Did your marriage lasted more then three years? Do you have any children?
My BRC is going to expire in December 2020 and I have pres settled status till 2024.. soon I am going to separate and then may be it will follow divorce so I am so much worried too!!! What has waiting for us in future! 4.2 years since I am married

[Amirkhan042]

Hi all, i am in the same situation been married for 3 years

i am waiting for decree absolute to apply

I wrote to the EU resolution centre and here is their answer :

We understand that you are soon to be divorced from the EU national who was your sponsor.



Once you are divorced you will need to make a new application for Pre-Settled Status under the rule of retained rights.



To be eligible to apply for the EU Settlement Scheme as a non-EEA family member who has retained the right of residence, the applicant must usually:



· Be a non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of their marriage

· Have been resident in the UK at the date of the termination.

· Have been married to the EEA citizen for at least 3 years prior to the initiation of the proceedings for the termination of the marriage. And the parties to the marriage had been continuously resident in the UK for at least 1 year during its duration.



As you do not hold a permanent residence document, when you apply you will need proof of:



· Your identity and nationality

· The relevant EEA citizen’s identity and nationality

· The court order terminating the marriage

· Your residence in the UK at the date of the termination

· Your marriage to the relevant EEA citizen, for example a marriage certificate

· Your marriage having lasted for at least 3 years prior to the initiation of the legal proceedings for its termination, and both parties being resident in the UK for a continuous qualifying period of at least 1 year during its duration.



Please note: If any further evidence is required, then this will be requested by a caseworker.


When you apply, you will need to use a valid passport. Do not use your Biometric Residence Card as this will no longer be valid once you are divorced.



As you will not have a valid biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo) when you apply.

You’ll be told if you need to use UKVCAS when you apply, and be given instructions on how to book your appointment. For more information about this service please visit:
https://www.gov.uk/ukvcas

To find your closest UKVCAS hub please visit:
https://www.ukvcas.co.uk/locations


To apply please use the following link:

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



If your application is successful, you’ll be given either settled or pre-settled status.



You can find more information about what rights you get for each status here: https://www.gov.uk/settled-status-eu-ci ... atus-means



As you have status as a family member of an EU national you need to travel with your EU sponsor if you are relying on this status to enter the UK.



Once you have been granted status under retained rights you can travel without your former EU sponsor.



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://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5


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

Yours sincerely,

Hi,
Any Up dates please? have you got divorced if yes what are you planing first?

[inesbankole]

Yeah got divorced yesterday and applied for the pre settled underas per the resolution center email.
I have alreday sent my ID as i applied by post using my passport.
Will update the thread if anything happens

[Lh2oo]

Hello
Thanks for the update .
So you saying you reapplied for another pre settled under retained of stay ? Did they accept your application ?
Please keep up updated . I’m waiting for my decree absolute.
Thank you

[inesbankole]

Yes they accepted it
As i said i am just following their advice according to the email they sent me
I applied with my passport. waiting for them to receive it and will update the thread if they ask anything.

[Lh2oo]

Thanks
CAn you please tell us what they said . And please keep us updated.
Many thanks

[inesbankole]

COA received today confirming the application was valid. I will keep updating this when i receive something new

[Blacksea28]

COA received today confirming the application was valid. I will keep updating this when i receive something new

1-) What did they send you to follow, can you share their email?

2-) Did they ask you to submit your spouse ID/Passport?

3-) what are the list of documentations submitted?

[Thiva]

You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.

Hi Obie,
I married to an eu national on June 2012 by that time i was on a student visa and its expired on 2014. i got divorced November 2018 by that time i have made 2 EEA applications and got refused based on my eu sponsors treaty rights. once i got divorced i have applied for retained rights of residence under EEA law and its got refused too giving some silly reasons by Home office. i have a pending court hearing on january 2020. also i made a another retained rights of residence application under EU settlement scheme and COA Received. decision still pending. Overall my marriage was lasted 6 years and we both been working most of the years within that period ( i had working rights with COA till appeal rights are exhausted ) but i have never been grated any king of EEA visa before. so what do you think about the possibility of getting visa under EU settlement scheme ? many thanks

[Blacksea28]

You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.

Why did you delete your previous states Obie? There were few other states you were sure about...

Instead of deleting your/my previous posts, you should feel ashamed...

[Lh2oo]

COA received today confirming the application was valid. I will keep updating this when i receive something new
[/quote1-)

What did they send you to follow, can you share their email?

2-) Did they ask you to submit your spouse ID/Passport?

3-) what are the list of documentations submitted?

[Obie]

You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.

Why did you delete your previous states Obie? There were few other states you were sure about...

Instead of deleting your/my previous posts, you should feel ashamed...

Feel ashamed of what exactly.

Firstly I do not have a clue of what you are writing about.

Secondly, everything I do, I always do with a clear conscience, therefore the changes of me being ashamed of myself is clearly very limited.

What is really shameful is people who provide their time that they could utilise doing other work, getting insulted as a reward for their time.

[Obie]

You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.

Hi Obie,
I married to an eu national on June 2012 by that time i was on a student visa and its expired on 2014. i got divorced November 2018 by that time i have made 2 EEA applications and got refused based on my eu sponsors treaty rights. once i got divorced i have applied for retained rights of residence under EEA law and its got refused too giving some silly reasons by Home office. i have a pending court hearing on january 2020. also i made a another retained rights of residence application under EU settlement scheme and COA Received. decision still pending. Overall my marriage was lasted 6 years and we both been working most of the years within that period ( i had working rights with COA till appeal rights are exhausted ) but i have never been grated any king of EEA visa before. so what do you think about the possibility of getting visa under EU settlement scheme ? many thanks

Provided that marriage of convenience was not raised as basis of refusal, chances are very high.

[Blacksea28]

You may continue with the current pre settled status.

Provisions are made for curtailment of pre settled status, but this only arises on cases of fraud or deception.

Why did you delete your previous states Obie? There were few other states you were sure about...

Instead of deleting your/my previous posts, you should feel ashamed...

Feel ashamed of what exactly.

Firstly I do not have a clue of what you are writing about.

Secondly, everything I do, I always do with a clear conscience, therefore the changes of me being ashamed of myself is clearly very limited.

What is really shameful is people who provide their time that they could utilise doing other work, getting insulted as a reward for their time.

Instead of refering some source, you just dictate your ideas to people.Behaving like "I know", "everything is true what I am saying... bla bla...
It does not help as after a few days you see that you were wrong then you are just deleting the post...

If you really want to help people, first of all, respect people's idea,comments. If you know something, just refere some source. Instead of saying "I am always right" . People cant reply to home office like saying there is Obie in immigrationboard and he is sure.

Anyway, just do not delete previous posts so people should see