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Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

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

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

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Allenmarkarian
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Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Allenmarkarian » Wed Jan 27, 2021 12:52 pm

Hello All,

I have questions regarding Pre-settle status due to marriage and revoking

I am married to EEA since 2013, lived in EU until 2019 and moved to UK beginning of April, 2019 with EEA family permit visa issued on December, 2018

Once in the UK applied directly to settlement scheme together, we both received pre-settled status on 18.04.2019

Things started to go not well for us and my spouse or I will be filling for divorce(probably soon), my question is my spouse might move back to home country and I dont think that my spousevwould support for any application I would need. Once divorce filled in and after that my spouse leave the UK, can I still hold my status and later apply for settled status or my pre-settled would be revoked immediately?

What is the rule exactly that we both have to be living in the UK until divorce finalized and decree absolite issued? or filling for divorce is sufficient?

Thnak you in advance

Allenmarkarian
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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Allenmarkarian » Thu Jan 28, 2021 4:36 pm

Dear Moderatorsor and anyone who experienced similar can please share their knowledge/experience?

While in marriage everything is perfect but when the things start going bad, your stauseven can be used against youwith nosupport or doing everything to fail you, unfortunately...

Thanks in advance

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Zerubbabel
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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Zerubbabel » Thu Jan 28, 2021 5:46 pm

Hello

It's a classic situation about retained rights of residence.

Read here:
https://www.gov.uk/family-permit/retain ... -residence
the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
Once it comes to renew your residence, you need to prove you lived together 1 year in the UK.

Allenmarkarian
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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Allenmarkarian » Fri Jan 29, 2021 10:46 am

Zerubbabel wrote:
Thu Jan 28, 2021 5:46 pm
Hello

It's a classic situation about retained rights of residence.

Read here:
https://www.gov.uk/family-permit/retain ... -residence
the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
Once it comes to renew your residence, you need to prove you lived together 1 year in the UK.
Thank you very much Zerubbabel

But do I need to apply retained right of residence?
And if my spouse leave the UK before finalizing divorce, do I loose my status in any way?
And will I need original sponsor's ID/passport? (For sure that will be impossible for me to present)

Thanks

Allenmarkarian
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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Allenmarkarian » Wed Feb 03, 2021 2:06 am

+up

Allenmarkarian
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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Allenmarkarian » Thu Feb 18, 2021 12:35 pm

+up

Allenmarkarian
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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Allenmarkarian » Mon Mar 01, 2021 2:51 pm

Kamoe, shall I ask for your comment here? :cry:
Thank you very much in advance

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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by alishah0110 » Mon Mar 15, 2021 9:58 pm

Hi there, law says you can apply for retain rights of residence if you have lived together for one year and been married for three years also your partner(sponsor) must be exercising treaty rights till your divorce is finalised.

I have same situation going on, i was granted pre-settle status but i applied for pre-settle again after my divorce on the basis of retain rights of residence.

Allenmarkarian
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Re: Non-EEA married to EEA - Pre-settled status - Divorce-Revoke question

Post by Allenmarkarian » Tue Mar 16, 2021 3:10 pm

alishah0110 wrote:
Mon Mar 15, 2021 9:58 pm
Hi there, law says you can apply for retain rights of residence if you have lived together for one year and been married for three years also your partner(sponsor) must be exercising treaty rights till your divorce is finalised.

I have same situation going on, i was granted pre-settle status but i applied for pre-settle again after my divorce on the basis of retain rights of residence.
If my sponsor must be exercising treaty rights till finalizing the divorce, she won't do that probably :(

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