Retained right of Residence with divorce after Brexit
Posted: Tue Dec 29, 2020 6:15 am
My husband and I are looking at a divorce and I'm wondering what the rules are regarding Brexit. I'm an EEA national and he is non EEA (from South America), we have been married for 3,5 years, and we have been living in the UK together for 3 years now. We have both been granted pre settled status.
I read that if you're married for at least 3 years, the non EEA partner can apply for Retained Rights of Residence. (I'm self sufficient)
Ideally I would like to return to my home country and for him to be able to stay in the UK without having to switch to a working visa.
What I can't find and would like to know is if Brexit changes these rules. https://www.gov.uk/family-permit/retain ... -residence
I read that if you're married for at least 3 years, the non EEA partner can apply for Retained Rights of Residence. (I'm self sufficient)
Ideally I would like to return to my home country and for him to be able to stay in the UK without having to switch to a working visa.
What I can't find and would like to know is if Brexit changes these rules. https://www.gov.uk/family-permit/retain ... -residence
- Is it still possible for the non EEA partner to get Retained Rights of Residence with a divorce after Brexit or do we have to divorce before Brexit (31st Dec 2020)?
- If the rules change after Brexit, is it even possible to divorce in 3 days before Brexit?