can one apply for the settled status with Decree Nisi?

[jup13]

Evening,
I wasn't sure where to post because i am new here.
Here is my situation.
I am a non-EEA family member with BRC currently going through a divorce.The DN will be heard on 3rd Oct.
Was married from feb 2017 until sep 2018 when the marriage broke down due to unreasonable behaviour(domestic violence).
We haven't been living together ever since.
Filled for divorce in end may 2019.
Now,i understand i need to apply for the pre-settled status.From the research i have deduced pre-settled status replaces Retained right status.Please correct me if i am wrong.
I am not sure what paperwork i need to send.

Here is what i have gathered;
I have scanned my BRC, passport and taken my picture.
I have evidence of the incidence;court and case paperwork.
I work.

Do i need to send this payslip/employment contract to show he is exercising the treaty.And if so payslip for how long. BRC was for recent 6 months i think.
Do i have to submit his passport as well?I don't think he has applied for the pre-settled status.We have not been in talking terms.I would rather not contact him unless there is no other choice.

What other paperwork do i have to submit in relation to him
Can i apply for the pre-settled status once the DN (3/10/2019) is out or i have to wait for DA.
Please help so that i do not run out of time.

Thank you.
Hope to hear from you soon.

[Obie]

You will have no right to the pre Settled status or a right to retained right of residence after divorce, as you proceed with divorce before the 3rd anniversary of your marriage, unless of course you have a child by the EEA national.

[jup13]

Evening,
I wasn't sure where to post because i am new here.
Here is my situation.
I am a non-EEA family member with BRC currently going through a divorce.The DN will be heard on 3rd Oct.
Was married from feb 2017 until sep 2018 when the marriage broke down due to unreasonable behaviour(domestic violence).
We haven't been living together ever since.
Filled for divorce in end may 2019.
Now,i understand i need to apply for the pre-settled status.From the research i have deduced pre-settled status replaces Retained right status.Please correct me if i am wrong.
I am not sure what paperwork i need to send.

Here is what i have gathered;
I have scanned my BRC, passport and taken my picture.
I have evidence of the incidence;court and case paperwork.
I work.

Do i need to send this payslip/employment contract to show he is exercising the treaty.And if so payslip for how long. BRC was for recent 6 months i think.
Do i have to submit his passport as well?I don't think he has applied for the pre-settled status.We have not been in talking terms.I would rather not contact him unless there is no other choice.

What other paperwork do i have to submit in relation to him
Can i apply for the pre-settled status once the DN (3/10/2019) is out or i have to wait for DA.
Please help so that i do not run out of time.

Thank you.
Hope to hear from you soon.

[CR001]

Kindly keep your questions in ONE topic. Threads now merged!!

[CR001]

You will have no right to the pre Settled status or a right to retained right of residence after divorce, as you proceed with divorce before the 3rd anniversary of your marriage, unless of course you have a child by the EEA national.

Obie has already responded to your question posted on Sunday.

Note that you are not officially and legally divorced until the decree absolute is granted.

[jup13]

isn't there the 4th part which state that; victim of abusive relationship retain the right to live in uk after divorce.i though this over ride the 3 year married rule...

[Obie]

Do you have documented evidence like police report confirming domestic violence took place during your relationship?

[jup13]

yes..
court documents
retraining order

[Obie]

You may qualify if there is documented evidence of domestic violence.

[jup13]

is there a time period given for the switch after the DA comes out since the RC automatically becomes invalid.
i just wanna know when is the right time to apply.

many thanks

[askmeplz82]

if it's domestic violence I recommend you don't contact your Ex and ask for help. Let the Home office do all the Home Work. They Can help you to find all his information

[Fbiboy2002]

if it's domestic violence I recommend you don't contact your Ex and ask for help. Let the Home office do all the Home Work. They Can help you to find all his information

Home work ? And home office help ?

[askmeplz82]

because it's Domestic Violence .. Is cases like that it is better not to contact ex at all or They may think it's not genuine at all . I heard many cases where people fake this to get away from sponsor quickly

Under EU law you need to be married 3 years but only 1 year if it's domestic violence. I know a Brazilian lady who faked it but now a PR holder

[Obie]

I know a Brazilian lady who faked it but now a PR holder

What is the relevance of you knowing a person who may have committed an offense to the forum and this topic.

Are you encouraging him to dodge it also?

If that is what you are seeking to do, it is not permissible, and I can assure you that I will be left with no choice but to ban your membership in those circumstances.