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Divorce within 1 year of EEa4 PR granted.

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

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PR through EU route is same as ILR

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False
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Total votes: 3
zinger1
Newly Registered
Posts: 6
Joined: Thu Jul 22, 2010 8:44 am

Divorce within 1 year of EEa4 PR granted.

Post by zinger1 » Tue Nov 16, 2010 9:32 pm

Its simples people,
Basically i have got PR through EEA4. My wife who is a eea national wants a divorce from me now. We have a 2 year old kid between us. This divorce will be completed before 1 year of me getting the PR.

Few questions that I have for everyone.

1. After the divorce, do i loose the right to stay in this country.

2. I called HO, they said that after divorce, if its within 1 year of me getting PR, I have to apply for retention of right of residence. Is this true.

3. Am I still dependent on my wife after the PR.

sOME ADIVICE WOULD BE GREAT.
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86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Wed Nov 17, 2010 8:24 am

This is confusing, please clarify: are you or will you be a permanent resident at the time of divorce or not. PR is hold in your own right, i.e. an independent status. And no, PR and ILR are not the same. No reason to start a poll for facts.
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zinger1
Newly Registered
Posts: 6
Joined: Thu Jul 22, 2010 8:44 am

Post by zinger1 » Wed Nov 17, 2010 12:58 pm

I already have PR granted to me 2 months ago. I started the poll because when I called home office they tell me that PR through EU route is not the same as ILR. And they tell me that after divorce I will have to apply for retention of right of residence, even though I have PR.
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Guerro
Member of Standing
Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Wed Nov 17, 2010 1:21 pm

If you hold a pr where it is written ''valid for ten years'' and '' no restrictions on the person's activity'', then you ONLY lose it if you stay two continuous years outside the uk. You don't need to apply for retention.
Can you please put the wording of the letter sent from the home office with your pr? Can you also put the wordings of the pr itself as well as dates?
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zinger1
Newly Registered
Posts: 6
Joined: Thu Jul 22, 2010 8:44 am

Post by zinger1 » Wed Nov 17, 2010 4:02 pm

It does say valid for 10 years, and wiith no restrictions. But I don't why HO tells me that I have to apply for retention. If divorced with EEA national. My date of pr is 3 sep 2010
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kashyme
Junior Member
Posts: 65
Joined: Fri May 30, 2008 5:31 pm

Post by kashyme » Thu Nov 18, 2010 10:54 pm

You don`t need to apply for retention as you are already permanent resident. May be the person you talked to on phone misunderstood your question or he know nothing about the eu law. Retention of rights is for those people who has residence card as a family member of eea national and they divorce before acquiring pr status.
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