Member EEA separate EU

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Member EEA separate EU


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Old 30th September 2020, 01:28 PM
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Hi Every one,

I am non Eu has been living in the UK since 2015 , i holding Biometric valid to 2022 . MY partner is Eu citizen and we have one child together . Our married since 2012 , we are living together since the time arrival to the Uk on December 2015 till now.

Recently , Our married going worse and could not living together. We are would like to separate and could be divorce in the future.

If we are living separate , can i continue living in the UK after my permit end 2022 and able apply for permit resident ? My child with Eu passport and he lives with me. As i know before June 2021 all Eu citizen / member family need to apply pre settle/settle so what can i do if i have not lived together with him same address?

Please, could you give my some advice to help me out with this case?

Thank you in advance.

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Old 30th September 2020, 02:08 PM
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As long as you are still married, even if you are separated, you are still a family member for EU settlement purposes until you have a decree absolute.

Even if you do divorce, you would have retained rights of residence, but if you will be eligible for settled status in December, it probably doesn't matter, as I doubt you'd get a divorce finalised that quickly

So unless you have plans of finalising a divorce by December, you can still plan on applying for settled status under the EU Settlement Scheme.

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Old 30th September 2020, 02:45 PM
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Yes, We will not divorced too fast , We have just planned separate from now. For apply pre settle request from HO, I tried to apply it by my self on the website but because my husband who is Eu citizen has not been applying yet so on they said i must to wait un till my husband apply success then my application follow processing. I am worry my husband won't apply pre settle before deadline 6/20121 , he would to leave to Uk after Brexit and it will effect to me and my son .

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