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Status after Divorce

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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KPND
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Status after Divorce

Post by KPND » Fri Jul 28, 2017 2:06 pm

I am an Indian Citizen and came to UK after my marriage. My ex-husband is an EU citizen. We have undergone a bitter divorce proceedings. How can I stay in UK legally now?
Which is the best route and what forms do I need to fill in. Please help and any help given will be highly appreciated.

secret.simon
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Re: Status after Divorce

Post by secret.simon » Fri Jul 28, 2017 7:19 pm

How long were you married to your EU spouse? How long did the two of you reside together in the UK?

Do you have proof of your ex-EU spouse exercising treaty rights in the UK, in particular, of his exercising treaty rights on the day the decree absolute was issued?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

KPND
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Re: Status after Divorce

Post by KPND » Mon Jul 31, 2017 6:57 pm

Sorry for the delay in replying. I am a community worker and helping a young lady.

She was married on 31/01/2014 and the decree absolute was granted this year in May.

The lady applied for No Time Limit (NTL) and was informed that she did not need to apply for this. Her visa issued date is 25 September 2014 and renewal date is 25 September 2019.

The ex-husband is still in UK and is working full time. Does this mean that he is in UK under treaty rights?
I will try to respond as quickly as possible, once I get details required from the lady in question. thanks for your help and support, which is very much appreciated.
I trust above information is relevant and helpful.

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CR001
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Re: Status after Divorce

Post by CR001 » Mon Jul 31, 2017 7:00 pm

NTL is not relevant to her.

She needs to apply for Retained Rights of Residence and PR in 2019.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

KPND
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Re: Status after Divorce

Post by KPND » Mon Jul 31, 2017 7:11 pm

Can we apply for the said rights now. If so which documents do we need to send and which forms needs to be filled.

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CR001
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Re: Status after Divorce

Post by CR001 » Mon Jul 31, 2017 7:13 pm

Her divorce decree absolute and evidence that her ex is/was exercising treaty rights at the time of divorce.

https://www.gov.uk/family-permit/retain ... -residence
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

KPND
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Re: Status after Divorce

Post by KPND » Mon Jul 31, 2017 7:30 pm

Thank you very much.

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