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This is both given. We are married for about 5 years and we are in the UK for 2.5 years. Do you have a link to official Home Office guidance on this?Zerubbabel wrote: ↑Sun Jul 05, 2020 11:10 amHello
If the marriage lasted 3 years including minimum 1 year in the UK before the start of divorce proceedings, she will be able later to apply for Settled status (once she has 5 years in the UK).
Yes, I agree. Article 10 cards bearing the mention "Family Member of an EEA national" are valid as long as the EEA national is exercising Treaty Right (I am talking here about the 5-year cards).Her current "Family member of an EEA national" Visa is valid for 3 more years. However, if I have understood correctly, this won't be valid anymore once I left the UK even if we would just stay married. Correct?
I am not sure if you have understood my question correctly. I want her (non EEA) to be able to stay in the UK and work in her current job, while I (EEA) leave the country.DerickChu wrote: ↑Mon Jul 06, 2020 11:06 pmYou said you guys are married for 5 years and been in Uk for 2 years and half, it all means he can stay in uk without.
He is legally required to apply for retained right of residence, if she had a job to enable her to live and work in uk with you unfortunately.
5years or marriage and 2and half years together means you have no power to send her back.
To be fair, I've thought about that. However, I am not sure how risky this is (e.g. deportation truck at 5am?) plus she is travelling internationally for her work.Zerubbabel wrote: ↑Mon Jul 06, 2020 8:59 amYes, I agree. Article 10 cards bearing the mention "Family Member of an EEA national" are valid as long as the EEA national is exercising Treaty Right (I am talking here about the 5-year cards).Her current "Family member of an EEA national" Visa is valid for 3 more years. However, if I have understood correctly, this won't be valid anymore once I left the UK even if we would just stay married. Correct?
However, most often than not, the Home Office doesn't monitor the EEA national whereabouts and actively invalidate these cards once the the EEA national has left the UK. Actually, nothing will happen when you leave the UK. It's only when the Article 10 card holder interacts with the Home Office like: renewing card, extending, card lost, responding to ECO questions at airport... then the invalidation is triggered.
Thanks for this. We have both already been granted pre-settled status. But her status was granted based on our relationship. Does holding pre-settled status already enable her to stay in the country even without me present?
Excellent, thank you. I'll go through it and will post my reply here.vinny wrote: ↑Wed Jul 08, 2020 7:47 amEU Settlement Scheme:
EU, other EEA and Swiss citizens and their family members.
Correction to my previous comment: I called the EU settlement Helpline*nishants85 wrote: ↑Wed Jul 08, 2020 9:14 amI am in a similar situation.
My wife (EEA national) is leaving the UK for good as she cannot find a suitable job here and will try to find a proper job in her country (we will remain married). I might plan to live in her country after a few years though.
We both have been granted Pre-Settled status (valid till June 2024) and have been living in the UK for more than 4 years.
I called Home office yesterday, and they mentioned that I am allowed to stay in the UK till June 2024 (till the validity of my pre-settled status) and then will have to contact the Home office again. So, from what I understand, I will have to relocate out of the UK when my pre-settled status expires.
nordsee wrote: ↑Wed Jul 08, 2020 7:06 amI am not sure if you have understood my question correctly. I want her (non EEA) to be able to stay in the UK and work in her current job, while I (EEA) leave the country.DerickChu wrote: ↑Mon Jul 06, 2020 11:06 pmYou said you guys are married for 5 years and been in Uk for 2 years and half, it all means he can stay in uk without.
He is legally required to apply for retained right of residence, if she had a job to enable her to live and work in uk with you unfortunately.
5years or marriage and 2and half years together means you have no power to send her back.
DerickChu wrote: ↑Thu Jul 09, 2020 1:27 amnordsee wrote: ↑Wed Jul 08, 2020 7:06 amI am not sure if you have understood my question correctly. I want her (non EEA) to be able to stay in the UK and work in her current job, while I (EEA) leave the country.DerickChu wrote: ↑Mon Jul 06, 2020 11:06 pmYou said you guys are married for 5 years and been in Uk for 2 years and half, it all means he can stay in uk without.
He is legally required to apply for retained right of residence, if she had a job to enable her to live and work in uk with you unfortunately.
5years or marriage and 2and half years together means you have no power to send her back.
If you indeed want her to stay in uk while you are gone, then the best thing is just to leave without informing the Home office.
A friend of mine did the same, so if you care about her and want her to continue living in uk without further stress, then just leave the country without informing Home office about your martial situation until you are divorced is completed.
You lose nothing and she lose nothing...
Again, settlement status is based on residence rather than dependency..
Alternatively, even if you inform home office with intention of sending her back, unfortunately its no longer possible in your exact situation because she has reach a “stage of no return” to stay in uk on her own ground.
While i totally understand your point it’s best you focus more on getting a divorce over her ability to stay in Uk without you.
So worry more about getting a divorce.