Retained Right of a Divorced EU Family Member compromised by the new Settler Status rules
Many non-EU partners, civil partners, and married couples do feel confused as to their rights when a relationship ends.
The Home Office consideration Team; requires you to establish that you have what’s terms as a “retained right of residence”. You ought to have been in the relationship with an EEA citizen for at least 3 years before the divorce or dissolution proceedings were initiated.
Relationship means cohabited with the EEA partner in the UK for at least 12 months during their relationship.
However should the EEA national fail to prove his or her settled status…you will be refused, your retained status.
I have received many concerning, calls from worried non-EA Family Members faced with the difficult decision to leave the UK. Please call to find out if you are able to challenge your rights with the right to appeal under human rights. You can call us on 01634 828288.