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Advice on EUSS and divorce

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  • LAWYER RESPONSE Advice on EUSS and divorce

    I am non eu family member with pre settled status. My wife is eu national as well as British national now. We are going through separation/divorce. We are already married for 3.5 years. Is it possible to apply for a visa after divorce. I'm confused as my spouse is now British as well. Thanks

  • #2
    Originally posted by Hoti View Post
    I am non eu family member with pre settled status. My wife is eu national as well as British national now. We are going through separation/divorce. We are already married for 3.5 years. Is it possible to apply for a visa after divorce. I'm confused as my spouse is now British as well. Thanks
    Afternoon,

    You don't need to do anything right now, however, once your time comes to apply for settled status, you will need to make an application based on retained rights if you are divorced by then, that is, after the decree absolute has been issued.

    If you look at the government page: Apply to the EU Settlement Scheme (settled and pre-settled status): If you’re the family member of an EU, EEA or Swiss citizen - GOV.UK

    ...they say:
    You can apply if your marriage or civil partnership to an EU, EEA or Swiss citizen 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 the EU, EEA or Swiss citizen’s child
    • you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
    • you or another family member was the victim of domestic abuse in the marriage or civil partnership

    From what you are telling us, it would appear that you'd meet the retained rights criteria.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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    • #3
      Gabriella B (lawyer) Would they still need to do a Lounes paper application because the sponsor is now British, even if they get divorce and applied based on retained rights?

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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      • #4
        Veera T (lawyer)Would they still need to do a Lounes paper application because the sponsor is now British, even if they get divorce and applied based on retained rights?

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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        • #5
          Louis M (lawyer) Would you be able to comment on the above?

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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          • #6
            Aisha R (lawyer) Would you be able to comment?

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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            • #7
              why would they need additional Lounes application when the applicant already has a PSS. From what I understand from Appendix EU is if the applicant maintains their residence in the UK for the requisite period they will be bale to apply for a settled status. They may still need to provide proof of their past relationship with their spouse / sponsor who initially sponsored them in their application in their future Settled Status application. It may be a good idea to stay in touch with your spouse or at least keep a scan of their passport but that might be expired by the time Settled Status application is made. However, a good cover letter stating honestly the facts of the case including the fact that the couple are divorced and the old documentary evidence is the only available evidence may still assist.

              I am an Immigration Adviser with AR UK Immigration & Visa Services, authorised by the Office of Immigration Services Commissioner (OISC) and also by CILEX, to provide immigration advice at level 3, and a member of the UK Immigration Law Practitioners Association (ILPA). I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Aisha R for full details.

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