Divorce after Pre-settled status

[yer6]

Hi Guys,

Before we initiate the divorce we both granted pre-settled status in the UK. After we initiate the divorce application, she left the UK. After I have received the Decree Absolute on 03/01/2020, I have prepared all my documents and I am ready to make an application for `Retained right of residence` and called to EU resolution center to have more information to complete my application with the new EU settlement scheme. They have informed me that I can`t make another application as I am currently holding my pre-settled status. And I need to keep all these documents, wait and send you when I live 5 years in the UK and make an application for `Settled Status`.
If I don`t make an application and I leave the UK for a short holiday for 1 week, am I be able to enter the UK without having problems with my BRC and current pre-settlement letter?
Border officers are always asking when I enter the UK, where are my wife and I always answer truthfully. This time the answer will be `we are divorced`. Could it cause any problems with my entrance to the UK? Or as long as I keep my Pre-settled status, I am able to enter the UK after divorce without Retained right to reside now?

Thanks.

[Numidian]

I'm in the same situation, I called the EU resolution and they told tfat it won't be any problem as you hold a pre settled status.
You can call the resolution centre and let them know that you are devorced now so they will update your application therefore the border control will know w without asking you.

[Zerubbabel]

For how long were you both married?

See this:

eea-route-applications/does-duration-of ... l#p1852829

[Numidian]

We have been married for 3 years.

[yer6]

+3 years marriage.
+1 year living in the UK
We both were qualified. She was here when we initiate the divorce. I have access to her Passport etc as we have divorced without problems.

As I mentioned I am ready to make a ROR application. But when I contacted the EU resolution center, they told me that I CAN`T submit another Pre-settlement application as I have already got one before the divorce. They have advised me to wait 1 more year and submit all retained right documents when I apply for settled status.

My ex is not living in the UK anymore and, am I still exercising the treaty rights or not?

What is going to be my answer when the border officer asking where is your wife?

Is there anyone here in the same boat and traveled abroad without issues? What was your answer to border officers?

Thanks

[Kmoney1]

U tell them shes still in uk simple

[CR001]

U tell them shes still in uk simple

that would by lying as the ex is not in the UK.

[Zerubbabel]

My ex is not living in the UK anymore and, am I still exercising the treaty rights or not?

You never exercised Treaty Rights. Your wife did and to allow her to exercise those rights without restriction, they gave you a card of a family member of an EEA national.

In theory, the pre-settled status can be revoked/curtailed. I have never seen it happening but the guidance published by the Home Office alludes to that. After all, it's not a permanent leave. But probably for political reasons, the Home Office is not going around curtailing EUSS statuses.

But the good news for you, is that after 3 years of marriage / life in the UK with your EEA national, triggers a Retained Rights mechanism which allows you to stay on your own right.

I understand you couldn't apply for retrained rights under the EUSS. The EUSS being a somewhat recent scheme, not all cases have been extensively reported. However, nothing prevents you from using this:

https://www.gov.uk/apply-for-a-uk-resid ... ligibility

The EEA route is still open as normal. Ignore the Brexit for now. You can see if you can apply for ROR under EEA FM route.

[Numidian]

Hi,
As I have been told by the resolution centre you just tell them that you are devorced now if they ask you, once you are devorced your wife don't need to be with you anymore.
You can't apply for retained right to reside until you reach 5 years and apply for settled status.

[yer6]

I have asked the same question to EU settlement resolution center in writing here is their response.

To be eligible to apply for the EU Settlement Scheme as a non-EU family member who has retained the right of residence, the applicant must usually:

• Be a non-EU citizen who has ceased to be a family member of a relevant EU citizen on the termination of their marriage
• Have been resident in the UK at the date of the termination of the marriage
• Have been married to the EU citizen for at least 3 years prior to the initiation of the proceedings for the termination of the marriage, and the parties to the marriage had been continuously resident in the UK for at least 1 year during its duration

As you have stated you currently hold pre-settled status, you would not need to make a new application under the scheme. Your pre-settled status is not revoked or cancelled due to the termination of your marriage.

You will only need to re-apply to the EU Settlement Scheme when you believe you may be eligible for settled status (this will usually be five years after the date of your marriage to the relevant EU citizen).

When you apply you’ll need proof of:
• Your identity
• Your residence in the UK, unless you have a valid permanent residence document, or valid indefinite leave to remain or enter the UK
• Your relationship to the relevant EU citizen

It is just confirming my phone conversation, so If you have a valid Pre-settlement you don`t need to apply to ROR and keep living as before, once you have lived 5 years provide all the necessary documents as you are applying to ROR.

[yer6]

After 3 weeks I will travel abroad and I will post my border experience here, I hope it would help other people who are in the same boat!

[Zerubbabel]

After 3 weeks I will travel abroad and I will post my border experience here, I hope it would help other people who are in the same boat!

Thank you for sharing and enjoy your trip!

[SZYMON]

Hi Guys,

Before we initiate the divorce we both granted pre-settled status in the UK. After we initiate the divorce application, she left the UK. After I have received the Decree Absolute on 03/01/2020, I have prepared all my documents and I am ready to make an application for `Retained right of residence` and called to EU resolution center to have more information to complete my application with the new EU settlement scheme. They have informed me that I can`t make another application as I am currently holding my pre-settled status. And I need to keep all these documents, wait and send you when I live 5 years in the UK and make an application for `Settled Status`.
If I don`t make an application and I leave the UK for a short holiday for 1 week, am I be able to enter the UK without having problems with my BRC and current pre-settlement letter?
Border officers are always asking when I enter the UK, where are my wife and I always answer truthfully. This time the answer will be `we are divorced`. Could it cause any problems with my entrance to the UK? Or as long as I keep my Pre-settled status, I am able to enter the UK after divorce without Retained right to reside now?

Thanks.

I'm in the same situation
EU settlement scheme saying to me I don't need to reply again but the curtailment guidance Clearly saying I have to reply again because the marriage broke down

[Imranali10]

hEllo Yer6, how was your trip and experience at border about your pre settle status and divorced? can u plz share ur experience it can help someone. thanks

[Mastmalang786]

Yer6 please answer us back we all need to know about it. Thanks