Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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askmeplz82
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by askmeplz82 » Mon Dec 02, 2019 10:09 pm
I am asking on behalf of my colleague . He divorced his Wife long time ago but when he applied for EU Settlement he send 5 years Council Tax with his name and his wife name in the Letter from Council but his wife left him 3 years ago and not living together since 2016 .. When his wife apply for Settled status of course she will have different address. So Home Office may revoke his ILR
Now my colleague is going outside the UK but he is worried they might find out and cancel his ILR when he is outside the country . Is it possible to revoke ILR under EU settlement ?
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021
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Kmoney1
- Junior Member
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by Kmoney1 » Mon Dec 02, 2019 10:39 pm
His as free like a bird.
Nothing will harm his ilr no more
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Fbiboy2002
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by Fbiboy2002 » Tue Dec 03, 2019 1:20 am
askmeplz82 wrote: ↑Mon Dec 02, 2019 10:09 pm
I am asking on behalf of my colleague . He divorced his Wife long time ago but when he applied for EU Settlement he send 5 years Council Tax with his name and his wife name in the Letter from Council but his wife left him 3 years ago and not living together since 2016 .. When his wife apply for Settled status of course she will have different address. So
Home Office may revoke his ILR
Now my colleague is going outside the UK but he is worried they might find out and cancel his ILR when he is outside the country . Is it possible to revoke ILR under EU settlement ?
Is that question you ask or it happened already?
Ofcourse his ilr cant be revoked because of divorce!!!
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askmeplz82
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by askmeplz82 » Tue Dec 03, 2019 7:05 am
Fbiboy2002 wrote: ↑Tue Dec 03, 2019 1:20 am
askmeplz82 wrote: ↑Mon Dec 02, 2019 10:09 pm
I am asking on behalf of my colleague . He divorced his Wife long time ago but when he applied for EU Settlement he send 5 years Council Tax with his name and his wife name in the Letter from Council but his wife left him 3 years ago and not living together since 2016 .. When his wife apply for Settled status of course she will have different address. So
Home Office may revoke his ILR
Now my colleague is going outside the UK but he is worried they might find out and cancel his ILR when he is outside the country . Is it possible to revoke ILR under EU settlement ?
Is that question you ask or it happened already?
Ofcourse his ilr cant be revoked because of divorce!!!
Question to ask. He was an EEA family member . For 2 years he was separated and then divorced . For EU settlement he send 5 years Council Tax under his and his ex wife name from 2014 - 2019 .. But his wife already left him in 2017 . her name was still in council Tax. So obviously when she apply for Settlement she will give different address from 2017
So he is worried to leave the country even with ILR under EU Settlement . Someone told him that people have their ILR revoked when they are in their home country
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021
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EEAnonEEA
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by EEAnonEEA » Tue Dec 03, 2019 10:14 am
If he applyed for RoR (and not as a family member), he will be fine.
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askmeplz82
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by askmeplz82 » Tue Dec 03, 2019 3:02 pm
EEAnonEEA wrote: ↑Tue Dec 03, 2019 10:14 am
If he applyed for RoR (and not as a family member), he will be fine.
He told me he never applied for ROR . He was Seperated from 2017 but divorce finalised few months before he send his settled application because he knew his ex won’t help her with ROR so it was easier for him to apply settled status
Home office knows he is divorced and they also know she didn’t live 5 years continuesly with him because he told them in the letter
He didn’t send anything at first but later they asked for her residency proof and he Send 5 years council tax with both name . He mentioned in the email he send to home office with the council tax that he is not living with her ex wife for long time
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021
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askmeplz82
- Diamond Member
- Posts: 1743
- Joined: Wed Jun 13, 2012 1:47 pm
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by askmeplz82 » Tue Dec 03, 2019 3:07 pm
What he is saying “ I believe they issued me settled status by mistake “ “ so they might revoke it if they find out when ex send application and show different address from 2017 “
I know when non Eu send application they can link the application with Eu sponsor . Can they do the same for Eu citizen . Link non Eu application if non Eu have settled / pre settled status
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021
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askmeplz82
- Diamond Member
- Posts: 1743
- Joined: Wed Jun 13, 2012 1:47 pm
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by askmeplz82 » Tue Dec 03, 2019 3:10 pm
I told him he is over reacting . Thinking of something that may never happen . He is finding excuse not to go on holiday to see his family
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021
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kamoe
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by kamoe » Tue Dec 03, 2019 6:58 pm
askmeplz82 wrote: ↑Tue Dec 03, 2019 3:02 pm
Home office knows he is divorced and they also know she didn’t live 5 years continuesly with him because he told them in the letter
He didn’t send anything at first but later they asked for her residency proof and he Send 5 years council tax with both name . He mentioned in the email he send to home office with the council tax that he is not living with her ex wife for long time
Living for 5 consecutive years with the wife is not a requirement. According to
the Settlement Scheme page, the requirements for former partners are:
If you were previously married or in a civil partnership
You can also apply if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.
One of the following must also apply:
- the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
- you have custody of the EU, EEA or Swiss citizen’s child
- you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
- you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
If he was granted Settled Status/ILR, I would assume he might have met the first bullet point condition above, and that the Home Office was satisfied that was the case. If so:
- 1) He has nothing to fear, since he has been transparent throughout with the Home Office.
- 2) What his ex does or doesn't do now could not matter less.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.