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right of retain after brexit

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

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aw17
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Posts: 52
Joined: Tue May 02, 2017 1:38 pm
Mood:
Pakistan

right of retain after brexit

Post by aw17 » Wed Jan 17, 2018 5:49 pm

very simple question
what will happen to a non eu spouse take divorce from eu national after brexit .
will right of retain avilable after march 2019.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: right of retain after brexit

Post by secret.simon » Wed Jan 17, 2018 6:10 pm

Short answer - nobody knows.

People who already have RoR before March 2019 will likely retain it until they acquire PR. But there does not seem to be a provision for divorces after March 2019 to retain rights of residence.

It would be an interesting thought-experiment to consider if RoR can be considered as continuing to exist under English law's legitimate expectations doctrine.
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.

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

Re: right of retain after brexit

Post by Obie » Wed Jan 17, 2018 6:33 pm

Well the Europeans have insisted that EU law will continue to apply to its fullness during transition.

The UK clearly has little or no choice but to accept it.
Smooth seas do not make skilful sailors

aw17
Junior Member
Posts: 52
Joined: Tue May 02, 2017 1:38 pm
Mood:
Pakistan

Re: right of retain after brexit

Post by aw17 » Wed Jan 17, 2018 6:50 pm

hi thanks for you rply this is what i find
https://ec.europa.eu/commission/sites/b ... ghts_1.pdf

I am a Korean spouse. I came to the UK four years ago to live with my
EU husband but the marriage hit a rough patch recently. I want to file
for divorce but I am afraid what it will mean for my right of residence
post-Brexit
.[/b][/glow][/glow]
The Joint Report replicates EU free movement law that, under certain conditions, already
protects non-EU spouses who divorce from an EU citizen. You meet those conditions. Once your
divorce becomes final, you will nevertheless need to show the UK authorities that you meet the
conditions which EU law on free movement attaches to the right of residence as if you were an
EU citizen yourself. Once you accumulate five years of continuous lawful residence, you will be
able to apply for a permanent status in the UK.

if some body can explain it.
this on also explain only before march 2019 not after . please correct me if am wrong

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