Loss of pre-settled status

[etsy823]

I'm considering breaking up with my girlfriend. I am an EU national with settled status and she is a non-EU national with pre-settled status. Before the pre-settled status she was on an unmarried partner visa which later changed to pre-settled status. Her status will change to settled status in June 2024 after 5 years. My question is, by breaking up with her now and informing the Home Office about it will she lose her current status and will she need to leave the UK?

[CR001]

by breaking up with her now and informing the Home Office about it will she lose her current status and will she need to leave the UK?

Yes, this is likely what will occur. To qualify for Settled Status, she needs to be a family member of an EU citizen and as you are not married, if you break up, she loses her status virtually instantly. Unmarried partners don't have the option of apply for retained rights of residence like married partners who separate/divorce do.

https://www.gov.uk/guidance/immigration ... ppendix-eu

[etsy823]

She has recently received an email that says: "You are receiving this email notification because Home Office records show that you hold pre-settled status under the EU Settlement Scheme (EUSS), and because you may now be eligible for settled status"

Why would she be eligible for settled status if she hasn't reached 5 years yet?

[eubritish]

Thats a default email they send out to everyone, nothing specific to your partner.

[etsy823]

So even if she applies now she won't get the settled status. She can only apply after full 5 years?

[contorted_svy]

She needs to wait until June - it is not a long time off. I understand it is an awkward situation but if you are willing to keep thing civil with her until she becomes eligible she can apply then. It is important that she is aware of the consequences.