Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
-
atriponel
- Newly Registered
- Posts: 18
- Joined: Wed Nov 02, 2016 12:26 pm
Post
by atriponel » Sat Dec 21, 2019 11:00 am
Hi there,
I am separated from my EU spouse and have a pre-settled status.
We have been married for over 3 years and been living in the UK for many years.
We have recently moved out of the place where we lived together.
I can apply for settled status in October 2021.
My question is should I divorce now and re-apply for the retained right of residence (has anyone done it? is it difficult?) or shall I just wait until I can apply for settled status with my spouse as my sponsor?
I have been working ever since I moved to the UK but I think I might have some problems getting hold of past payslips and I can't see if HMRC has all the information about my previous employments.
Please help!!
-
Roscoe1
- Newly Registered
- Posts: 9
- Joined: Thu Dec 19, 2019 8:34 pm
Post
by Roscoe1 » Sat Dec 21, 2019 11:17 am
Why do you think you need to show evidence of your employment history to make an application for a retain right of residence? If you need to apply for settled status as someone who has retained their right of residence, you will only need to show evidence of your own employment activities from when the divorce was finalized, you will need evidence of your spouse's exercise of treaty right prior and up to the point of the divorce being finalised.
-
atriponel
- Newly Registered
- Posts: 18
- Joined: Wed Nov 02, 2016 12:26 pm
Post
by atriponel » Sat Dec 21, 2019 11:22 am
Well, that's good news!
I didn't know that and don't know why I thought I'd need to show that. Thank you!
-
atriponel
- Newly Registered
- Posts: 18
- Joined: Wed Nov 02, 2016 12:26 pm
Post
by atriponel » Sat Dec 21, 2019 11:33 am
Although will I have to wait for another 5 years to apply for settled status after I get the retained right of residence?
A bit confused. Sorry
-
Roscoe1
- Newly Registered
- Posts: 9
- Joined: Thu Dec 19, 2019 8:34 pm
Post
by Roscoe1 » Sat Dec 21, 2019 11:56 am
No, you wouldn't have to. If you've been married for three years and divorced in the fourth, you will still count those years of marriage for the purpose of settled status or PR. The clock doesn't restart
-
Amirkhan042
- Newbie
- Posts: 43
- Joined: Sun Feb 17, 2019 10:28 am
- Mood:
Post
by Amirkhan042 » Tue Dec 24, 2019 9:43 pm
atriponel wrote: ↑Sat Dec 21, 2019 11:00 am
Hi there,
I am separated from my EU spouse and have a pre-settled status.
We have been married for over 3 years and been living in the UK for many years.
We have recently moved out of the place where we lived together.
I can apply for settled status in October 2021.
My question is should I divorce now and re-apply for the retained right of residence (has anyone done it? is it difficult?) or shall I just wait until I can apply for settled status with my spouse as my sponsor?
I have been working ever since I moved to the UK but I think I might have some problems getting hold of past payslips and I can't see if HMRC has all the information about my previous employments.
Please help!!
I THINK you are still consider Family member if you are separated but not divorced...please do some more research before getting divorce
-
kumitrue
- Newly Registered
- Posts: 17
- Joined: Thu Jan 09, 2020 1:36 pm
Post
by kumitrue » Thu Jan 09, 2020 10:59 pm
Roscoe1 wrote: ↑Sat Dec 21, 2019 11:17 am
you will need evidence of your spouse's exercise of treaty right prior and up to the point of the divorce being finalised.
May I just point out that exercising treaty rights has nothing to do with applications under the EU settlement scheme of any sorts. I understand the spouse might not even reside in the UK for one's retained reight to be confirmed provided an applicant meets other requirements, though it is an open question to me.
