# Pre settled after divorce



## Alimeka (11 mo ago)

Hello 
I have pre settled status at the moment and i come in uk like a family member,but now im divorcin with my exwife.We had 2 years and 1 months married 
I will going to lose my pre settled status with the divorce ?
What i need to tell the officer on the border if they ask about my exwife
Thank you


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## clever-octopus (May 17, 2015)

You would only have retained right of residence if your marriage lasted at least 3 years*. You can continue your residence in the UK until your current pre-settled status expires, but you can't become eligible for settled status if you are no longer the family member of the EU national and you don't have RRoR. You will need to inform the Home Office when your divorce becomes official.

As for what to tell BFO when entering the UK from abroad - They could potentially curtail your pre-settled status if you are divorced, but it seems unlikely they would have enough reason and information to do so. You should be honest if they ask you any questions.

So based on what you've said here, you should plan to either leave the UK or find a way to another visa type before your pre-settled status expires

*You may also be able to apply for RRoR if you have a child together whom you have custody of, or if you were a victim of domestic abuse. The length of marriage is from the date you were married to the date the divorce became official


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## Alimeka (11 mo ago)

clever-octopus said:


> You would only have retained right of residence if your marriage lasted at least 3 years*. You can continue your residence in the UK until your current pre-settled status expires, but you can't become eligible for settled status if you are no longer the family member of the EU national and you don't have RRoR. You will need to inform the Home Office when your divorce becomes official.
> 
> As for what to tell BFO when entering the UK from abroad - They could potentially curtail your pre-settled status if you are divorced, but it seems unlikely they would have enough reason and information to do so. You should be honest if they ask you any questions.
> 
> ...



Thank you very much 
Onestly i call home office today 
and they told me 
my pre settled status with be curtailed when the divorce will be over,and is not a good idea to travel aboard because is a good chances you will not enter in Uk


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## clever-octopus (May 17, 2015)

It may not be automatically curtailed (it is not an absolute requirement for caseworkers to do this), but I agree with the advice not to travel abroad after the divorce is final as you won't have retained rights of residence.


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## Crawford (Jan 23, 2011)

It would appear that the OP, if never leaving the UK, would, in theory be able to live in the UK, out of status, indefinitely? From what has been said there does not appear to be any process for out of status immigrants to be 'made' to leave the country.


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## Alimeka (11 mo ago)

clever-octopus said:


> It may not be automatically curtailed (it is not an absolute requirement for caseworkers to do this), but I agree with the advice not to travel abroad after the divorce is final as you won't have retained rights of residence.


Im not thinking to travel atm.
But sounds ridiculous to me,Someone how pay all the tax and working all this time 2 year and 1 month 
Needs to have so much headaches and no choice to stay in uk only because of the divorce and missing a few months from complete 3 years married.
And i will like to ask you for something else if you don't mind.
My partner at the moment is polish and have pre settled status and we have 1 year living together 
is any route just to switch partner!?
Thanks


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## Crawford (Jan 23, 2011)

Your only basis for remaining in the UK is that of being married to either a Brit or EU citizen. If you curtail this situation you have no rights to be in the UK.
No, you don't have a route with this new partner....


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## Alimeka (11 mo ago)

Crawford said:


> Your only basis for remaining in the UK is that of being married to either a Brit or EU citizen. If you curtail this situation you have no rights to be in the UK.
> No, you don't have a route with this new partner....


This seems ridiculous to me


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## clever-octopus (May 17, 2015)

You can switch to an unmarried partner visa only after you've been living together in a relationship "akin to a marriage" for at least 2 years, and only if your partner has pre-settled status based on their own residence in the UK, NOT as a family member of another EU national

I'm not sure what Crawford has said that's "ridiculous"? I'm having a hard time understanding why you should be entitled to permanent residence in the UK when your marriage has ended after only a short time


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## Alimeka (11 mo ago)

clever-octopus said:


> You can switch to an unmarried partner visa only after you've been living together in a relationship "akin to a marriage" for at least 2 years, and only if your partner has pre-settled status based on their own residence in the UK, NOT as a family member of another EU national
> 
> I'm not sure what Crawford has said that's "ridiculous"? I'm having a hard time understanding why you should be entitled to permanent residence in the UK when your marriage has ended after only a short time


2 years is not a long time 
But im working here and my new partner live here to 
and im opening a business now 
So i want just to maintain the right to work here
that's all 
thanks


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## Crawford (Jan 23, 2011)

Your right to remain in the UK is based on your current marriage. If that fails you have no right to live in the UK, unless you obtain a visa of your own i.e you get your own work/investment visa.
Your new partner is irrelevant in this situation.


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## NicolaVaughan (9 mo ago)

No, you won't lose your pre settled status with the divorce. You don't have to worry about that.


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## Alimeka (11 mo ago)

NicolaVaughan said:


> No, you won't lose your pre settled status with the divorce. You don't have to worry about that.


I really hope,because i call the resolution center EU settlement 
And they say time im not more a family member of eea citizen i lose the right to stay in UK


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## Crawford (Jan 23, 2011)

Alimeka said:


> I really hope,because i call the resolution center EU settlement
> And they say time im not more a family member of eea citizen i lose the right to stay in UK


You've been told twice now, by two different authorities, that your eligibility to remain in the UK will end when you are no longer married to an EU citizen.


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## clever-octopus (May 17, 2015)

Alimeka, there are two different issues and I think you are confused:
1. Retaining pre-settled status: You do NOT lose your pre-settled status after divorce, you can remain in the UK until your pre-settled status expires
2. Getting settled status after 5 years: You will not become eligible to settle in the UK since you don't have retained rights of residence. This means you need to leave the UK before your pre-settled status expires


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## NicolaVaughan (9 mo ago)

Stay calm. You don't have to say anything to the border officer if he asks about your ex-wife (but he won't ask you), and you won't lose your preconfigured status. Since you are already married to a person from the UK, your status is not lost even after a divorce. This is exactly the case in California. I'm not from America, so I received American citizenship when I married my husband. We did not divorce, but thanks to temeculadivorce.com, we resorted to legal separation, which is practically the same as divorce, and until the end, I did not lose the status. So you don't have to worry.


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## Alimeka (11 mo ago)

clever-octopus said:


> Alimeka, there are two different issues and I think you are confused:
> 1. Retaining pre-settled status: You do NOT lose your pre-settled status after divorce, you can remain in the UK until your pre-settled status expires
> 2. Getting settled status after 5 years: You will not become eligible to settle in the UK since you don't have retained rights of residence. This means you need to leave the UK before your pre-settled status expires


Thank you 
At least will be able to stay for another 3 year till my pre settled with expired.


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## Crawford (Jan 23, 2011)

NicolaVaughan said:


> Stay calm. You don't have to say anything to the border officer if he asks about your ex-wife (but he won't ask you), and you won't lose your preconfigured status. Since you are already married to a person from the UK, your status is not lost even after a divorce. This is exactly the case in California. I'm not from America, so I received American citizenship when I married my husband. We did not divorce, but thanks to temeculadivorce.com, we resorted to legal separation, which is practically the same as divorce, and until the end, I did not lose the status. So you don't have to worry.


The Op is not a British citizen. You obtained US citizenship, so even if you had gone through a full divorce you would not lose your US citizenship .... and therefore could legally stay in the US.
The OP only has pre-settled status, which is based on his marriage to an EU citizen - whom he is now divorcing.


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## TDeM (8 mo ago)

Hi, I am in process of starting a divorce from my EU civil spouse. We were married for 5 years and 4 months when I arrived in the UK and have been married 1 year and 9 month while in the UK on Pre settled status. So a bit more than 7 years of marriage all together. As I understand from the replies above I wont lose my Pre Settled status after the divorce is final and I would be able to apply for Retain Rights of Residence? And that means I can stay after my 5 year Pre Settled status expires?
Do I apply for RRoR after the divorce is official or before the pre settled status expires? And were would I apply to after informing the government? Any advice is appreciated.


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## clever-octopus (May 17, 2015)

TDeM, you are correct that you do not lose pre-settled status, and you can stay after your pre-settled status expires because once you've lived here for 5 years, you will qualify for settled status based on Retained Rights of Residence. You don't "apply" for RRoR, it's something you have based on a) being married to an EU national for at least 3 years, and b) living together in the UK for at least 1 year. There is nothing you need to apply for right now, and nothing changes until you are formally divorced. When you apply for settled status, you will specify that you are applying with Retained Rights of Residence, so in addition to your marriage certificate (which will show the date of your marriage), you should have evidence of having lived together in the UK for at least a year. This means you'll need some jointly-addressed correspondence like bank statements, council tax statements, etc. which show that you were living in the UK together.

Again - There is nothing you need to do until it's time for you to apply for settled status.


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## TDeM (8 mo ago)

Thank you, Clever Octapus. I will then notify the government once the divorce is final. And I do have council tax bills showing we both are responsible for the bill and the marriage certificate. This is a big relief. Thank you again.


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## clever-octopus (May 17, 2015)

> I will then notify the government once the divorce is final.


Why? I tried to be quite clear that you don't need to do anything until you apply for settled status


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## TDeM (8 mo ago)

Oh ok, before I asked the question here on the forum I was only able to find this Gov website with information for when you divorce with a spousal visa type 
websitehttps://www.gov.uk/visas-when-you-separate-or-divorce

Is the pre settled status then not qualified as a visa type then?


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## clever-octopus (May 17, 2015)

Pre-settled status isn't actually a visa. It specifies on that page that you need to inform the Home Office if you're a dependant on your partner's UK visa, you have a UK family visa, or you have an EUSS Family Permit. None of these are the case for you


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## TDeM (8 mo ago)

Thank you for clearing that up. Much appreciated!


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## clever-octopus (May 17, 2015)

You are very welcome. I hope everything works out for you.


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## pstef (6 mo ago)

I am living in the UK, Cambridge, I need to know urgently. I have my residence pre seattle UK they gave it to me on 05-25-2021 and it lasts 5 years 05-26-2026 I obtained it through my partner since he is from the European Union (Lithuania), I am not married. On my pre-settlement card it says "issued in accordance with the exit separation agreements from the EU" Now we are ending the relationship, and I want to know if he has notified immigration that we are no longer in a relationship. Can immigration remove my previous residence to pre - Seattle in the UK? My residence is no longer visible on the gov UK page, but I still have a work permit and rent. This happened two weeks ago that the notice that we broke off the relationship. Many thanks,


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## clever-octopus (May 17, 2015)

pmilan, you should really make your own post for this.

You will probably not lose your existing pre-settled status. Curtailment/revocation doesn't usually happen unless there was some form of fraud involved, but you will not be able to attain Settled Status in 2026 when your current status expires, and so by that time, you will have to either leave the UK or apply for a visa, depending on whether or not you would be eligible (most likely a work visa). There may be exceptional circumstances if you were the victim of domestic abuse, but with an unmarried partnership you do not have retained rights of residence to remain in the UK permanently when your relationship breaks down.


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## pstef (6 mo ago)

Many thanks, I don't know what to do.


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## lylealex (3 mo ago)

Alimeka said:


> Hello
> I have pre settled status at the moment and i come in uk like a family member,but now im divorcin with my exwife.We had 2 years and 1 months married
> I will going to lose my pre settled status with the divorce ?
> What i need to tell the officer on the border if they ask about my exwife
> Thank you


hi alimeka in my experience I divorced after 3 years of marriage holding pre settle status and residence card I contacted home office to apply for retained rights of residence home office replied I do not need to apply for any visa as I hold pre settle status and when I apply for settle status I have to submit divorce papers along with settle status application 
again I wasn't sure I contacted them again and there reply was same also euss scheme removed option for retained right of residence while your in the uk no one can apply retained rights of residence while inside the uk 
im not legal adviser im just sharing my experience with home office


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## Isababe (2 mo ago)

Hello, I am Latina, I have pre-Seattle status until 2026, I obtained it through my partner, we are not married. If I end my relationship, will my pre-Seattle be respected until 2026 or can home office ask me to leave the country before? blessings and thank you very much.


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## clever-octopus (May 17, 2015)

Isababe, you will not have the ability to remain after your pre-settled status expires (since you cannot qualify for settled status), but you do not automatically lose your pre-settled status, and so you should be able to remain until it expires. However, I would not recommend leaving the UK, as it is possible your pre-settled status could be curtailed by a Border Force Officer if they have reason to believe you no longer meet the requirements under the EU Settlement Scheme.


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## Gabitativa (3 mo ago)

I have the same problem... Thank you for the information


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## Easyman500 (2 mo ago)

Hi, My name is John,
I need an advice with my question. 
I married to EU national and I have pre settled status and our marriage is 4years 6months and my 5years biometric card will expired in 2023 February and we are going through divorce at the moment and the divorce will go through by the end of November and we will be officially seperated by ending of November 2022. How easy is going to be for me to apply for settlement without her supporting me with any document. Anyone with similar situation or any advice from anyone 🙏.


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## Gabitativa (3 mo ago)

clever-octopus said:


> Isababe, you will not have the ability to remain after your pre-settled status expires (since you cannot qualify for settled status), but you do not automatically lose your pre-settled status, and so you should be able to remain until it expires. However, I would not recommend leaving the UK, as it is possible your pre-settled status could be curtailed by a Border Force Officer if they have reason to believe you no longer meet the requirements under the EU Settlement Scheme.


I asked 2 lawyers, they told me that they can not respect my pre-Seattle date and withdraw from the country if my partner advises that we are not in a relationship. This is true?


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## Crawford (Jan 23, 2011)

Gabitativa said:


> I asked 2 lawyers, they told me that they can not respect my pre-Seattle date and withdraw from the country if my partner advises that we are not in a relationship. This is true?


If 2 lawyers told you the same thing then it must be true........


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## rakhuuok (2 mo ago)

I'm not sure what Crawford has said that's "ridiculous"? I'm having a hard time understanding why you should be entitled to permanent residence in the UK when your marriage has ended after only a short time


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## Ami12 (2 mo ago)

Alimeka said:


> Hello
> I have pre settled status at the moment and i come in uk like a family member,but now im divorcin with my exwife.We had 2 years and 1 months married
> I will going to lose my pre settled status with the divorce ?
> What i need to tell the officer on the border if they ask about my exwife
> Thank you


Hi jamlika I got questions for you can you help


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## Gabitativa (3 mo ago)

To inform me call Preseattle government information 03001237379, they will respect my Preseattle and no one will take me back before it expires. my advice is to call this number


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## Gabitativa (3 mo ago)

clever-octopus said:


> Isababe, you will not have the ability to remain after your pre-settled status expires (since you cannot qualify for settled status), but you do not automatically lose your pre-settled status, and so you should be able to remain until it expires. However, I would not recommend leaving the UK, as it is possible your pre-settled status could be curtailed by a Border Force Officer if they have reason to believe you no longer meet the requirements under the EU Settlement Scheme.


Thank you so much, really you are right. To inform me call Preseattle government information 03001237379. 🙏


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## rakhuuok (2 mo ago)

I'm having a hard time understanding why you should be entitled to permanent residence in the UK when your marriage has ended after only a short time

vidmate.app stream videos


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## hillwill4040 (6 d ago)

Hello, please can anybody help with this question. The retain right when doing renewal, do you need to submit the ladies ID since there is divorce already. And with proof of 1 year of living together like council tax only can that serve as proof.


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