Can you apply for retained rights with decree nisi?

[Selby795]

Hi there,

I'm reading conflicting advice online - most people on this forum and online say you MUST have your decree absolute in order to apply for retained right of residence, however, the official government guidance to home office workers judging the cases (link: https://assets.publishing.service.gov.u ... 5.0ext.pdf page 14) says nothing about decree absolute and only talks about providing evidence that you have INITIATED a divorce for example a decree nisi or even just confirmation from the court they've received the initial petition? It says you must supply evidence:

"• of the initiation of proceeedings for termination of their marriage or civil
partnership with the EEA national, such as:
o confirmation from the court that a valid application for a divorce or dissolution
has been received
o a decree nisi (marriage or annulment)
o a conditional order (civil partnership)"

It says nothing in the whole document about needing to provide a decree absolute. Have these rules changed? The guidance document is dated Feb 2020 so I wonder if there's been an update... any ideas?

Thanks in advance.

[Obie]

The relevant period for consideration of document, is the date of initiation, but you must be divorced for you to be considered, as a person has right of residence until their marriage is terminated by competent authority.

[Selby795]

The relevant period for consideration of document, is the date of initiation, but you must be divorced for you to be considered, as a person has right of residence until their marriage is terminated by competent authority.

Thanks for your reply. I suppose it feels as though you should be able to apply before - after the marriage is terminated you'd think you are automatically not residing legally, until you are confirmed to have retained those rights. I guess its advisable to apply as soon as you receive the absolute? Is there a cut off date? Thanks again