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Settled status for divorced Pr holder

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

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claraluh
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Location: London
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Settled status for divorced Pr holder

Post by claraluh » Thu Oct 25, 2018 10:29 am

Hello Everyone,

I'm here on behalf of a friend and I would really appreciate your help.

My Friend is a non EU PR holder, She has lived here for over 8 year, she holds her PR for about 2 years but a few months ago she got divorced to her EU husband. My questions is, if she is planning to apply for settled status in march 2019, will it be possible? because we have seen on UKBA website that you need to provide the following:
"When you apply, you’ll need proof of:
1-your identity
2-your residence in the UK, unless you have a valid permanent residence document or valid indefinite leave to remain
3-your relationship to a family member from the EU living in the UK, if you’re from outside the EU"

I don't know if that 3rd requirement will be an issue. Any help will be much appreciated.

Many Thanks

NikiGio
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Re: Settled status for divorced Pr holder

Post by NikiGio » Thu Oct 25, 2018 12:07 pm

If you look at the Free Movement blog:

https://www.freemovement.org.uk/how-to- ... _residence

There's a section that says:

"Those who have previously been issued a permanent residence document will be able to exchange it free of charge, “subject only to criminality and security checks” (see below)."


So in theory, those that already have PR will only have to send their PR cards and proof that they've continued to reside here after issue of their PR. The HO will then carry out criminality checks. If they pass, they'll be issued with Settled Status. It doesn't sound like your friend will need to re-send the evidence relative to her ex-husband and the divorce - now of course all this can only be confirmed once the scheme opens in March. We can't really be sure until then.
claraluh wrote:
Thu Oct 25, 2018 10:29 am
"When you apply, you’ll need proof of:
1-your identity
2-your residence in the UK, unless you have a valid permanent residence document or valid indefinite leave to remain
3-your relationship to a family member from the EU living in the UK, if you’re from outside the EU"
This seems to apply to people who are making an application for Settled Status without having PR already.
I am not an immigration lawyer. My comments are opinions, not legal advice.

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claraluh
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Posts: 216
Joined: Tue Mar 04, 2014 1:03 pm
Location: London
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Re: Settled status for divorced Pr holder

Post by claraluh » Wed Oct 31, 2018 7:59 am

Thanks a lot NikiGio for taking your time answering my question.

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