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Retained rights and PR after EEA 2

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

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Selby795
Newly Registered
Posts: 10
Joined: Tue Jan 22, 2019 3:05 pm
Canada

Retained rights and PR after EEA 2

Post by Selby795 » Mon Aug 05, 2019 11:21 am

Hello, my EEA spouse and I have been living together in the UK as a married couple for 2y 5m (Spouse has been here over 5 years and has settled status, I am pre settled). We have decided to separate amicably. We have no plans to divorce any time soon as this isn't important to us. Thinking forward - what would it be easiest for me to keep my immigration status? These are the options as far as I can tell.

1. Sometime after 3 years married, we divorce and I apply for my rights to be retained. Then, after 5 years in the UK under eea route - I can apply for PR? Is that correct?

2. We don't divorce anytime before 5 years under EEA route, after which time I can apply for PR. Would it be stupid to stay married and apply for PR as a separated couple? I know under EEA law marriage is marriage, though I'm not sure what proof of relationship I'd need to supply, and obviously I don't want to lie to HO and pretend we are still together when we are not.

Any other ideas? Obviously I'm a bit anxious until we reach that 3 year mark when I can have my rights retained - but until then I am fine to be here as long as we're still married, correct?

Many thanks for any advice.

Kmoney1
Junior Member
Posts: 87
Joined: Fri Jun 14, 2019 6:36 pm
United Kingdom

Re: Retained rights and PR after EEA 2

Post by Kmoney1 » Mon Aug 05, 2019 5:54 pm

Once you reach 3years of marriage u will be fine.
Eu national imprison their family member Cox of the condition attached to be a family member..
Am In same situation but with settlement scheme am gradually becoming independent about my residency..u will b fine

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