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Divorce behaviour Pre-settled

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

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SZYMON
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Posts: 21
Joined: Sat Feb 22, 2020 1:34 pm
Albania

Divorce behaviour Pre-settled

Post by SZYMON » Mon Feb 24, 2020 1:14 am

I'm non-EU I hold family member biometric card and pre-settled I'm going through divorce .
I received divorce petition currently me ex wife Accuse me with
Behaviour domestic violence and she sound a very bad!!
Is this going to be a problem ?
When divorced finalise behaviour domestic violence
Will be affect me? When i make other application in future?
I don't know this will be criminals record?


Thank you!!

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

Re: Divorce behaviour Pre-settled

Post by Kmoney1 » Tue Feb 25, 2020 4:28 pm

Where u arrested ir charged to court

SZYMON
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Posts: 21
Joined: Sat Feb 22, 2020 1:34 pm
Albania

Re: Divorce behaviour Pre-settled

Post by SZYMON » Tue Feb 25, 2020 10:14 pm

I was arrested before but I didn't get a charged or going to the court was in 2018, but after I did get UKRC and last year I did as well pre-settled
Because the way how she written petition sound very bad!
Do you think it'll be any problem when you make other application in future??

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Zerubbabel
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Re: Divorce behaviour Pre-settled

Post by Zerubbabel » Wed Feb 26, 2020 8:12 am

sound very bad!
I don't know how you can make domestic violence against a women sound good :/ You need to realise that it doesn't sound bad, it's actually bad.

I can tell you in non uncertain terms, that violence, women abuse, involvement of police and courts do indeed hurt your immigration status in the UK.

Fbiboy2002
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Re: Divorce behaviour Pre-settled

Post by Fbiboy2002 » Wed Feb 26, 2020 9:40 am

So when you will receive the final absolute decree it will not show the reason for divorce it will only show the divorce date and your marriage broke up
I'm divorced because me and my ex wife didn't live together for more than 5 years and the absolute decree doesn't show the reason for divorce

SZYMON
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Posts: 21
Joined: Sat Feb 22, 2020 1:34 pm
Albania

Re: Divorce behaviour Pre-settled

Post by SZYMON » Wed Feb 26, 2020 10:49 am

Fbiboy2002 wrote:
Wed Feb 26, 2020 9:40 am
So when you will receive the final absolute decree it will not show the reason for divorce it will only show the divorce date and your marriage broke up
I'm divorced because me and my ex wife didn't live together for more than 5 years and the absolute decree doesn't show the reason for divorce
That mean will be problem? When I trying to make new application ?

Fbiboy2002
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Re: Divorce behaviour Pre-settled

Post by Fbiboy2002 » Wed Feb 26, 2020 11:01 am

SZYMON wrote:
Wed Feb 26, 2020 10:49 am
Fbiboy2002 wrote:
Wed Feb 26, 2020 9:40 am
So when you will receive the final absolute decree it will not show the reason for divorce it will only show the divorce date and your marriage broke up
I'm divorced because me and my ex wife didn't live together for more than 5 years and the absolute decree doesn't show the reason for divorce
That mean will be problem? When I trying to make new application ?
I don't think divorce it self for any reason will be a problem unless she will report your domestic violence behaviour to the police and you will get arrested for that here will be the problem

SZYMON
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Posts: 21
Joined: Sat Feb 22, 2020 1:34 pm
Albania

Re: Divorce behaviour Pre-settled

Post by SZYMON » Wed Feb 26, 2020 12:15 pm

I was arrested in 2018 but I didn't get charged for anything or court
is it criminal record arrested for 1 night

SZYMON
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Posts: 21
Joined: Sat Feb 22, 2020 1:34 pm
Albania

Re: Divorce behaviour Pre-settled

Post by SZYMON » Wed Feb 26, 2020 12:22 pm

Suitability requirement behaviour can be problem?
Something is confusing because I did get granted for 5 years .
after a divorce what will happen when I making new application EUSS

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Zerubbabel
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Re: Divorce behaviour Pre-settled

Post by Zerubbabel » Wed Feb 26, 2020 1:16 pm

For how long have you been married while residing in the UK under EEA route?

The equation is simple:

- 3 years and more: you may get a status under Retained Right

- Less than 3 years: you go home

SZYMON
Newly Registered
Posts: 21
Joined: Sat Feb 22, 2020 1:34 pm
Albania

Re: Divorce behaviour Pre-settled

Post by SZYMON » Wed Feb 26, 2020 1:38 pm

Zerubbabel wrote:
Wed Feb 26, 2020 1:16 pm
For how long have you been married while residing in the UK under EEA route?

The equation is simple:

- 3 years and more: you may get a status under Retained Right

- Less than 3 years: you go home
I'm been married 4 years and live in uk with me ex wife nearly 2 years
I have UKRC and pre-settled do need to apply for retained right residence?
Because EUSS told me I didn't need to apply again
For pre-settled

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Zerubbabel
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Re: Divorce behaviour Pre-settled

Post by Zerubbabel » Wed Feb 26, 2020 2:29 pm

So you spent less than 2 years in the UK married to your EEA wife.

3 years minimum are required to open the Retained Right. It doesn't matter how long have you been married in total. What matters is how long did were you married while she was exercising Treaty Right in the UK.

They won't ask to you apply for anything under the EU Settlement Scheme. But when your current status comes to an end, you won't be able to renew it as they will notice that you are not with your EEA national and you didn't stay long enough to trigger the Retained Right.

SZYMON
Newly Registered
Posts: 21
Joined: Sat Feb 22, 2020 1:34 pm
Albania

Re: Divorce behaviour Pre-settled

Post by SZYMON » Wed Feb 26, 2020 6:41 pm

Sorry ,You're wrong for retained right residence
Must be married for 3 years and live EEA National in UK lease 1 year

Richard W
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Location: Stevenage
England

Re: Divorce behaviour Pre-settled

Post by Richard W » Wed Feb 26, 2020 8:28 pm

SZYMON wrote:
Wed Feb 26, 2020 6:41 pm
Sorry ,You're wrong for retained right residence
Must be married for 3 years and live EEA National in UK lease 1 year
You're correct. Directive 2004/38/EC, EEA Regulations and Appendix EU of the Immigration Rules all concur.

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