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Residency status after divorcing of an EU settled partner

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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Parisaa
Newly Registered
Posts: 3
Joined: Tue Oct 31, 2017 11:38 am
Iran

Residency status after divorcing of an EU settled partner

Post by Parisaa » Tue Oct 31, 2017 11:53 am

Hi
I'm about a year living in the uk .I am family member (wife) of an EU citizen who is settled here.
I have not asked for 5 residency permit yet but i'm willing to do so.
We have a 9 year old son together .
My question is :
If i got the 5 year residency permit and then we divorce ,what consequence will it have for the right to stay in the uk for me?
I appreciate if i know some answers.
I still hold a dutch/eu residency permit which expires on august 2018.
I don't know if there is a chance for me to stay here or i go back to Holland?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Residency status after divorcing of an EU settled partner

Post by Obie » Tue Oct 31, 2017 12:31 pm

When did you married to your wife? When did you enter UK and how long have you been living in the UK.
Smooth seas do not make skilful sailors

Parisaa
Newly Registered
Posts: 3
Joined: Tue Oct 31, 2017 11:38 am
Iran

Re: Residency status after divorcing of an EU settled partner

Post by Parisaa » Sat Feb 10, 2018 6:17 pm

We are married for 12 years.we moved to the uk since auguest 2016.my husband is an(EEA sponsor qualified working person.
I am Iranian we have a 9 year old together.
As i asked i have not applied for 5 years family residence permit.now we have reached to separation and divorce.
Apparently i need to apply"retain right of residency"
I did not have right to work as i was just living here without a status (entering uk without visa as i was the spouse of him)although i work voluntarily .
Would you kindly advise me what are my possibilies for retain right of residency?
Can i apply myself or do i need a lawyer?
Greatly appreciated your views.
Thank you

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Residency status after divorcing of an EU settled partner

Post by Obie » Sat Feb 10, 2018 6:51 pm

You need to get divorce first and then you can apply for retention. Is your husband currently working in the UK?
Smooth seas do not make skilful sailors

Parisaa
Newly Registered
Posts: 3
Joined: Tue Oct 31, 2017 11:38 am
Iran

Re: Residency status after divorcing of an EU settled partner

Post by Parisaa » Tue Feb 13, 2018 8:48 am

Yes ,he is currently working in the uk.but he might any time leave his work.A problem is that when i divorce even if i could get the right to stay and work.at the begining i can not earn enough to afford housing and everything as i want my son to stay with me.
How would be my right to ask for housing benefits etc? :roll:

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