Pre- settled status/Settled Status - Retained rights

[Rado1234]

Hello,

May i kindly ask a question for my dear friend ( she is unable to due to English language barriers)
She is a non-EU citizen being married to an EU citizen for over 28 years. She applied as a partner of an EU citizen Feb 2020. They have been living together for over 3 years and separated for 2 years. She is in the process of divorce now. They have 2 adult children abroad and 1 child currently living with the father.
Her pre-settled status expires Feb 2025. Can she apply for settled status using retained rights, or does she go with retained rights for pre-settled status (extension)? Also, can she apply for just switching status to settlement but informing them this is retained rights?
I think she can switch with informing Home Office but I am not sure at all and any help will be greatly appreciated.

[Malik7860]

Same question i have too. That before the divorce is finalized do u apply as retained or partner.
Coz technically they are still partners.
Someone posted here that they had applied for divorce but it was not finalized so application went as partner ( not as retained right). I hope people here with more knowledge and personal experiance can guide us.

[Rado1234]

Hi,

Is there someone can help us on those posts?

[abbott25]

Yes she will be ok once her pre settled expires that mean she will be eligible for settled status in her own rights, so definitely she will be fine, she just need to prove she hasn’t been outside of the country for more than permitted.