Retained right of residence non-EU citizen

[beyondthedust]

I have a question about my pre-settled status please,

I'm on a pre-settled visa in the UK based on marriage to an EU/British citizen and will have to divorce soon.

My situation

• I am a non-EU citizen

• Currently have a pre-settled status based on marriage valid for more than 3 years to come

• I have been in the UK for a 3 years 4 months all of which me and my mrs have been living together

• I will reach 5 years in the UK after 1 year and 10 months from today

• Married to an EU citizen 2018, who is a British citizen too, became british December 2018 right after we got married

• Got in the UK based on 6 months EU spouse visit, then after she became british I got 2.5 year british spouse 5 year route FLR(M), 2 years later found out about EU settlement and got pre-settled status

Questions

• Can I stay legally after divorce?

• What are the things to make sure I have before divorce to be sure of my right to stay?

• When should I start the application for Retained right of residence?

• if RRR application get refused because I missed something, can I appeal while remaining in the UK legally?

• Will I become illegal once divorce is finalised and ILR clock reset for any reason? (e.g. application being refused and I have to appeal)

• If divorce and RRR application take more than the remaining 1 year and 10 months assuming that first RRR application gets refused then I appealed, will all that time I've been waiting count as legal stay towards my ILR, or will my ILR clock reset automatically after first application refusal?

Sorry to make it long or something is unclear, I just have a lot of uncertainties and don't want surprises to get me in a helpless situation


Any help or drawing my attention to something I'm missing will be greatly appreciated,

Thank you

[beyondthedust]

Hi everyone, kind reminder, is it possible to respond or let me know if I can explain something

[Don147]

Hi,
You’re not going be illegal after divorce, and you can divorce after 3 years of marriage. Documents required for RRR are Absolute Decree (Divorce Certificate), and your partners EEA Identity or Passport just to prove her nationality.

That’s what I used for mine

[beyondthedust]

Thank you for your response

Could you please tell when did you need to apply

Right after divorce or by the end of the 5 years then applied for settled status

A lot of opinions around that, my solicitor said that I’ll need to apply right after divorce,

The EEA line are saying I don’t even need to inform them when divorce happens just apply for settled status after 5 years

[Don147]

Just apply for settle status after 5 years in the Uk

[beyondthedust]

Thank you