Settled status = dependency still?

[Gvo139]

Hi all,
On a settled status as non eu national, and been married for 1 year to eu national (application as family member).
Does that mean I am dependent on them still legally? If we ended the relationship does this mean I will have to leave UK?

Thank you

[Gvo139]

Anyone know anymore info on this?

[alterhase58]

If you hold full EUSS/ILR status then you are "free from Immigration time restrictions", that means you are free stay in the UK as long as you like without any further specific permissions, you are also independent of your original sponsor, you are no longer a dependent under immigration rules. You can initiate divorce proceedings which don't have to be reported to anyone, you can apply for citizenship in your own right, etc.

[Gvo139]

So having settled status (not having applied for ILR
Separately) means you are completely independent no matter what the circumstances are to have gotten in it i.e dependent on partner ?

[alterhase58]

So having settled status (not having applied for ILR
Separately) means you are completely independent no matter what the circumstances are to have gotten in it i.e dependent on partner ?

EUSS and ILR are the same for the purpose of your query - ILR is for those under the UK Visa system, no need to apply for that. EUSS has been created following the UK leaving the EU and EU law no longer applicable.

The path is irrelevant, once you hold the status you are under no further restrictions, partner doesn't have to sign for you anything related to immigration.

[goodpartner]

But what if the person who is applying for settled status in the middle of the divorce? like in a month or two it will be over? Should It be indicated in the application form? Or not?

[Casa]

Hi all,
On a settled status as non eu national, and been married for 1 year to eu national (application as family member).
Does that mean I am dependent on them still legally? If we ended the relationship does this mean I will have to leave UK?

Thank you

Do you mean now that you don't actually hold settled status, as implied in your opening post above?

[seekingadvice87]

But what if the person who is applying for settled status in the middle of the divorce? like in a month or two it will be over? Should It be indicated in the application form? Or not?

Do you currently hold pre-settled or settled status? Have you been married for at least 3 years and have resided with your spouse in the UK. for at least 1 year ? You might need to apply to retain your rights if you're separating.

Are you now eligible for settled status after residing in the UK for 5 years? If you have not resided in the UK for 5 years then you might need to apply to retain your rights first and that would be pre-settled status first.

Good luck!

[goodpartner]

But what if the person who is applying for settled status in the middle of the divorce? like in a month or two it will be over? Should It be indicated in the application form? Or not?

Do you currently hold pre-settled or settled status? Have you been married for at least 3 years and have resided with your spouse in the UK. for at least 1 year ? You might need to apply to retain your rights if you're separating.

Are you now eligible for settled status after residing in the UK for 5 years? If you have not resided in the UK for 5 years then you might need to apply to retain your rights first and that would be pre-settled status first.

Good luck!

There is no such application as to retain your rights. You apply for settled status based on retained rights which you get if you correspond to the conditions:

1. Married for 3 years
2. Living for 1 year in the UK.


But if you have been residing for 5 years as a spouse of EU citizen and in the middle of the divorce when you are eligible for settled status then what? My question is do you apply as a family member because technically you are not divorced yet that means you do not qualify for applying under retained rights. And my question is do you need to put a comment and explanation once you apply or not?

[seekingadvice87]

But what if the person who is applying for settled status in the middle of the divorce? like in a month or two it will be over? Should It be indicated in the application form? Or not?

Do you currently hold pre-settled or settled status? Have you been married for at least 3 years and have resided with your spouse in the UK. for at least 1 year ? You might need to apply to retain your rights if you're separating.

Are you now eligible for settled status after residing in the UK for 5 years? If you have not resided in the UK for 5 years then you might need to apply to retain your rights first and that would be pre-settled status first.

Good luck!

There is no such application as to retain your rights. You apply for settled status based on retained rights which you get if you correspond to the conditions:

1. Married for 3 years
2. Living for 1 year in the UK.


But if you have been residing for 5 years as a spouse of EU citizen and in the middle of the divorce when you are eligible for settled status then what? My question is do you apply as a family member because technically you are not divorced yet that means you do not qualify for applying under retained rights. And my question is do you need to put a comment and explanation once you apply or not?

I'm sorry, I suggested that you might need to apply to "retain your rights" if you meet the exact two points that I stated and you've restated.

It's a little contradicting going from "there is no such application as to retain your rights" then state settled status based on "retained rights" and then further state that you do not qualify for applying under "retained rights".

I honestly don't understand your questions so will leave it to the pros to comment.

Good luck.

[goodpartner]

But what if the person who is applying for settled status in the middle of the divorce? like in a month or two it will be over? Should It be indicated in the application form? Or not?

Do you currently hold pre-settled or settled status? Have you been married for at least 3 years and have resided with your spouse in the UK. for at least 1 year ? You might need to apply to retain your rights if you're separating.

Are you now eligible for settled status after residing in the UK for 5 years? If you have not resided in the UK for 5 years then you might need to apply to retain your rights first and that would be pre-settled status first.

Good luck!

There is no such application as to retain your rights. You apply for settled status based on retained rights which you get if you correspond to the conditions:

1. Married for 3 years
2. Living for 1 year in the UK.


But if you have been residing for 5 years as a spouse of EU citizen and in the middle of the divorce when you are eligible for settled status then what? My question is do you apply as a family member because technically you are not divorced yet that means you do not qualify for applying under retained rights. And my question is do you need to put a comment and explanation once you apply or not?

I'm sorry, I suggested that you might need to apply to "retain your rights" if you meet the exact two points that I stated and you've restated.

It's a little contradicting going from "there is no such application as to retain your rights" then state settled status based on "retained rights" and then further state that you do not qualify for applying under "retained rights".

I honestly don't understand your questions so will leave it to the pros to comment.

Good luck.

I am saying that once you divorce lets say after 3 years of marriage, you cannot apply for retained rights straight away.

You wait until 5 years of residing in the UK and then you apply for settled status based on retained rights(which you get as a default once you divorce if you satisfy conditions as marriage 3 years and living in the UK for 1 year).

If you are not divorce that means you don't have retain rights you just are considered as a family member until divorce is finalised.


My question was not about retained rights but about whether to include explanation of the situation for the case-worker that a person who is applying for settled status is in the middle of the divorce or not?

[seekingadvice87]

But what if the person who is applying for settled status in the middle of the divorce? like in a month or two it will be over? Should It be indicated in the application form? Or not?

Do you currently hold pre-settled or settled status? Have you been married for at least 3 years and have resided with your spouse in the UK. for at least 1 year ? You might need to apply to retain your rights if you're separating.

Are you now eligible for settled status after residing in the UK for 5 years? If you have not resided in the UK for 5 years then you might need to apply to retain your rights first and that would be pre-settled status first.

Good luck!

There is no such application as to retain your rights. You apply for settled status based on retained rights which you get if you correspond to the conditions:

1. Married for 3 years
2. Living for 1 year in the UK.


But if you have been residing for 5 years as a spouse of EU citizen and in the middle of the divorce when you are eligible for settled status then what? My question is do you apply as a family member because technically you are not divorced yet that means you do not qualify for applying under retained rights. And my question is do you need to put a comment and explanation once you apply or not?

I'm sorry, I suggested that you might need to apply to "retain your rights" if you meet the exact two points that I stated and you've restated.

It's a little contradicting going from "there is no such application as to retain your rights" then state settled status based on "retained rights" and then further state that you do not qualify for applying under "retained rights".

I honestly don't understand your questions so will leave it to the pros to comment.

Good luck.

I am saying that once you divorce lets say after 3 years of marriage, you cannot apply for retained rights straight away.

You wait until 5 years of residing in the UK and then you apply for settled status based on retained rights(which you get as a default once you divorce if you satisfy conditions as marriage 3 years and living in the UK for 1 year).

If you are not divorce that means you don't have retain rights you just are considered as a family member until divorce is finalised.


My question was not about retained rights but about whether to include explanation of the situation for the case-worker that a person who is applying for settled status is in the middle of the divorce or not?

Ah right, so basically you do not have settled status like you previously stated. You are currently applying for settled status?

You might need to explain the situation especially if you're separated and divorcing but did not apply to retain your rights. I think the advantage to retain your rights after separating is that you get a new pre-settled status so that you do not need your partner's documents to prove their activities to obtained settled status but by explaining your situation in your current settled status application might help you just in case you struggle to get your spouse's documents.

I hope I answered it right this time.

Good luck

[goodpartner]

But what if the person who is applying for settled status in the middle of the divorce? like in a month or two it will be over? Should It be indicated in the application form? Or not?

Do you currently hold pre-settled or settled status? Have you been married for at least 3 years and have resided with your spouse in the UK. for at least 1 year ? You might need to apply to retain your rights if you're separating.

Are you now eligible for settled status after residing in the UK for 5 years? If you have not resided in the UK for 5 years then you might need to apply to retain your rights first and that would be pre-settled status first.

Good luck!

There is no such application as to retain your rights. You apply for settled status based on retained rights which you get if you correspond to the conditions:

1. Married for 3 years
2. Living for 1 year in the UK.


But if you have been residing for 5 years as a spouse of EU citizen and in the middle of the divorce when you are eligible for settled status then what? My question is do you apply as a family member because technically you are not divorced yet that means you do not qualify for applying under retained rights. And my question is do you need to put a comment and explanation once you apply or not?

I'm sorry, I suggested that you might need to apply to "retain your rights" if you meet the exact two points that I stated and you've restated.

It's a little contradicting going from "there is no such application as to retain your rights" then state settled status based on "retained rights" and then further state that you do not qualify for applying under "retained rights".

I honestly don't understand your questions so will leave it to the pros to comment.

Good luck.

I am saying that once you divorce lets say after 3 years of marriage, you cannot apply for retained rights straight away.

You wait until 5 years of residing in the UK and then you apply for settled status based on retained rights(which you get as a default once you divorce if you satisfy conditions as marriage 3 years and living in the UK for 1 year).

If you are not divorce that means you don't have retain rights you just are considered as a family member until divorce is finalised.


My question was not about retained rights but about whether to include explanation of the situation for the case-worker that a person who is applying for settled status is in the middle of the divorce or not?

Ah right, so basically you do not have settled status like you previously stated. You are currently applying for settled status?

You might need to explain the situation especially if you're separated and divorcing but did not apply to retain your rights. I think the advantage to retain your rights after separating is that you get a new pre-settled status so that you do not need your partner's documents to prove their activities to obtained settled status but by explaining your situation in your current settled status application might help you just in case you struggle to get your spouse's documents.

I hope I answered it right this time.

Good luck

Thanks for your input! However, there is no application for a new pre-settled status based on retain rights of residence, once you have pre-settled status, you have it until you apply for settled status and you cannot apply for a new pre-settled status based on retained rights. if you have different information please share the link for gov.uk

[seekingadvice87]

Do you currently hold pre-settled or settled status? Have you been married for at least 3 years and have resided with your spouse in the UK. for at least 1 year ? You might need to apply to retain your rights if you're separating.

Are you now eligible for settled status after residing in the UK for 5 years? If you have not resided in the UK for 5 years then you might need to apply to retain your rights first and that would be pre-settled status first.

Good luck!

There is no such application as to retain your rights. You apply for settled status based on retained rights which you get if you correspond to the conditions:

1. Married for 3 years
2. Living for 1 year in the UK.


But if you have been residing for 5 years as a spouse of EU citizen and in the middle of the divorce when you are eligible for settled status then what? My question is do you apply as a family member because technically you are not divorced yet that means you do not qualify for applying under retained rights. And my question is do you need to put a comment and explanation once you apply or not?

I'm sorry, I suggested that you might need to apply to "retain your rights" if you meet the exact two points that I stated and you've restated.

It's a little contradicting going from "there is no such application as to retain your rights" then state settled status based on "retained rights" and then further state that you do not qualify for applying under "retained rights".

I honestly don't understand your questions so will leave it to the pros to comment.

Good luck.

I am saying that once you divorce lets say after 3 years of marriage, you cannot apply for retained rights straight away.

You wait until 5 years of residing in the UK and then you apply for settled status based on retained rights(which you get as a default once you divorce if you satisfy conditions as marriage 3 years and living in the UK for 1 year).

If you are not divorce that means you don't have retain rights you just are considered as a family member until divorce is finalised.


My question was not about retained rights but about whether to include explanation of the situation for the case-worker that a person who is applying for settled status is in the middle of the divorce or not?

Ah right, so basically you do not have settled status like you previously stated. You are currently applying for settled status?

You might need to explain the situation especially if you're separated and divorcing but did not apply to retain your rights. I think the advantage to retain your rights after separating is that you get a new pre-settled status so that you do not need your partner's documents to prove their activities to obtained settled status but by explaining your situation in your current settled status application might help you just in case you struggle to get your spouse's documents.

I hope I answered it right this time.

Good luck

Thanks for your input! However, there is no application for a new pre-settled status based on retain rights of residence, once you have pre-settled status, you have it until you apply for settled status and you cannot apply for a new pre-settled status based on retained rights. if you have different information please share the link for gov.uk

I'm sorry but you're wrong.

I literally helped a friend around this time last year who already had pre-settled status but due to domestic violence, their lawyer got them to sign a declaration form to the Home Office reporting their failed marriage, at the same time, the lawyer submitted an application to the EU scheme to retain their rights under EU law and they were granted another pre-settled status. This application took 3 months and a new certificate of application was sent via email in that time. They had to also post their pre settled status BRC to the Home Office and the same old BRC was returned to them.

A new pre-settled status was granted because they had not been in the country for 5 years with an updated expiry date online, a further 5 years to 2028, however the lawyer advised that they didn't need to wait until the new expiry date to apply for settled status once they've hit 5 years.
Their BRC expiry date remained the same which was confusing.

Officially, their new status is based on their own rights and activities in the country, no longer on their spouse's/sponsor's activities in the country.

You don't have to apply but you can to secure yourself as ideally, you really should inform the Home Office whenever your circumstances and that of the activities of the citizen changes such as a break down in relationship or the sponsor leaves the country etc as it could have a bearing on your status. So it is possible to have another pre-settled status granted it just obviously depends on the applicant's circumstances. If one breaks their residence then I think that's when another pre-settled status may not be granted.

Unfortunately, I cannot give you a link because I only witnessed my friend's application made by their lawyer.

Maybe someone else may have experienced similar too.

Good luck with yours. I'm sure you'll get the answer you're looking for soon.

[goodpartner]

There is no such application as to retain your rights. You apply for settled status based on retained rights which you get if you correspond to the conditions:

1. Married for 3 years
2. Living for 1 year in the UK.


But if you have been residing for 5 years as a spouse of EU citizen and in the middle of the divorce when you are eligible for settled status then what? My question is do you apply as a family member because technically you are not divorced yet that means you do not qualify for applying under retained rights. And my question is do you need to put a comment and explanation once you apply or not?

I'm sorry, I suggested that you might need to apply to "retain your rights" if you meet the exact two points that I stated and you've restated.

It's a little contradicting going from "there is no such application as to retain your rights" then state settled status based on "retained rights" and then further state that you do not qualify for applying under "retained rights".

I honestly don't understand your questions so will leave it to the pros to comment.

Good luck.

I am saying that once you divorce lets say after 3 years of marriage, you cannot apply for retained rights straight away.

You wait until 5 years of residing in the UK and then you apply for settled status based on retained rights(which you get as a default once you divorce if you satisfy conditions as marriage 3 years and living in the UK for 1 year).

If you are not divorce that means you don't have retain rights you just are considered as a family member until divorce is finalised.


My question was not about retained rights but about whether to include explanation of the situation for the case-worker that a person who is applying for settled status is in the middle of the divorce or not?

Ah right, so basically you do not have settled status like you previously stated. You are currently applying for settled status?

You might need to explain the situation especially if you're separated and divorcing but did not apply to retain your rights. I think the advantage to retain your rights after separating is that you get a new pre-settled status so that you do not need your partner's documents to prove their activities to obtained settled status but by explaining your situation in your current settled status application might help you just in case you struggle to get your spouse's documents.

I hope I answered it right this time.

Good luck

Thanks for your input! However, there is no application for a new pre-settled status based on retain rights of residence, once you have pre-settled status, you have it until you apply for settled status and you cannot apply for a new pre-settled status based on retained rights. if you have different information please share the link for gov.uk

I'm sorry but you're wrong.

I literally helped a friend around this time last year who already had pre-settled status but due to domestic violence, their lawyer got them to sign a declaration form to the Home Office reporting their failed marriage, at the same time, the lawyer submitted an application to the EU scheme to retain their rights under EU law and they were granted another pre-settled status. This application took 3 months and a new certificate of application was sent via email in that time. They had to also post their pre settled status BRC to the Home Office and the same old BRC was returned to them.

A new pre-settled status was granted because they had not been in the country for 5 years with an updated expiry date online, a further 5 years to 2028, however the lawyer advised that they didn't need to wait until the new expiry date to apply for settled status once they've hit 5 years.
Their BRC expiry date remained the same which was confusing.

Officially, their new status is based on their own rights and activities in the country, no longer on their spouse's/sponsor's activities in the country.

You don't have to apply but you can to secure yourself as ideally, you really should inform the Home Office whenever your circumstances and that of the activities of the citizen changes such as a break down in relationship or the sponsor leaves the country etc as it could have a bearing on your status. So it is possible to have another pre-settled status granted it just obviously depends on the applicant's circumstances. If one breaks their residence then I think that's when another pre-settled status may not be granted.

Unfortunately, I cannot give you a link because I only witnessed my friend's application made by their lawyer.

Maybe someone else may have experienced similar too.

Good luck with yours. I'm sure you'll get the answer you're looking for soon.

With all due respect, if you cannot confirm your advice and statement by providing a link to the official information then you just saying something which is not correct or misleading.



https://www.gov.uk/settled-status-eu-ci ... ily-member



Please do read it and to the end including

If you or a family member was previously married or in a civil partnership

ou can apply if your marriage or civil partnership to someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living in the UK by 31 December 2020 ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:

the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of their child
you have been given right of access in the UK to their child - the child must be under 18
particularly difficult circumstances apply - for example, you or another family member was the victim of domestic violence or abuse in the marriage or civil partnership





There is a difference between people reporting change of circumstances when they are students/dependants of students, married to BC..

[seekingadvice87]

I'm sorry, I suggested that you might need to apply to "retain your rights" if you meet the exact two points that I stated and you've restated.

It's a little contradicting going from "there is no such application as to retain your rights" then state settled status based on "retained rights" and then further state that you do not qualify for applying under "retained rights".

I honestly don't understand your questions so will leave it to the pros to comment.

Good luck.

I am saying that once you divorce lets say after 3 years of marriage, you cannot apply for retained rights straight away.

You wait until 5 years of residing in the UK and then you apply for settled status based on retained rights(which you get as a default once you divorce if you satisfy conditions as marriage 3 years and living in the UK for 1 year).

If you are not divorce that means you don't have retain rights you just are considered as a family member until divorce is finalised.


My question was not about retained rights but about whether to include explanation of the situation for the case-worker that a person who is applying for settled status is in the middle of the divorce or not?

Ah right, so basically you do not have settled status like you previously stated. You are currently applying for settled status?

You might need to explain the situation especially if you're separated and divorcing but did not apply to retain your rights. I think the advantage to retain your rights after separating is that you get a new pre-settled status so that you do not need your partner's documents to prove their activities to obtained settled status but by explaining your situation in your current settled status application might help you just in case you struggle to get your spouse's documents.

I hope I answered it right this time.

Good luck

Thanks for your input! However, there is no application for a new pre-settled status based on retain rights of residence, once you have pre-settled status, you have it until you apply for settled status and you cannot apply for a new pre-settled status based on retained rights. if you have different information please share the link for gov.uk

I'm sorry but you're wrong.

I literally helped a friend around this time last year who already had pre-settled status but due to domestic violence, their lawyer got them to sign a declaration form to the Home Office reporting their failed marriage, at the same time, the lawyer submitted an application to the EU scheme to retain their rights under EU law and they were granted another pre-settled status. This application took 3 months and a new certificate of application was sent via email in that time. They had to also post their pre settled status BRC to the Home Office and the same old BRC was returned to them.

A new pre-settled status was granted because they had not been in the country for 5 years with an updated expiry date online, a further 5 years to 2028, however the lawyer advised that they didn't need to wait until the new expiry date to apply for settled status once they've hit 5 years.
Their BRC expiry date remained the same which was confusing.

Officially, their new status is based on their own rights and activities in the country, no longer on their spouse's/sponsor's activities in the country.

You don't have to apply but you can to secure yourself as ideally, you really should inform the Home Office whenever your circumstances and that of the activities of the citizen changes such as a break down in relationship or the sponsor leaves the country etc as it could have a bearing on your status. So it is possible to have another pre-settled status granted it just obviously depends on the applicant's circumstances. If one breaks their residence then I think that's when another pre-settled status may not be granted.

Unfortunately, I cannot give you a link because I only witnessed my friend's application made by their lawyer.

Maybe someone else may have experienced similar too.

Good luck with yours. I'm sure you'll get the answer you're looking for soon.

With all due respect, if you cannot confirm your advice and statement by providing a link to the official information then you just saying something which is not correct or misleading.



https://www.gov.uk/settled-status-eu-ci ... ily-member



Please do read it and to the end including

If you or a family member was previously married or in a civil partnership

ou can apply if your marriage or civil partnership to someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living in the UK by 31 December 2020 ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:

the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of their child
you have been given right of access in the UK to their child - the child must be under 18
particularly difficult circumstances apply - for example, you or another family member was the victim of domestic violence or abuse in the marriage or civil partnership





There is a difference between people reporting change of circumstances when they are students/dependants of students, married to BC..

Basically, you've sent a link stating what I'd stated at the very beginning, the conditions you need to meet to apply for retained rights of residence after you'd stated that one cannot get another pre-settled status when in fact they can if they chose to apply and have not lived in the UK 5 years, will be granted another pre-settled status, though acknowledging that it is in their own rights. It didn't need to be this complicated lol.

Good luck!