Pre-Settled Status Concerns
The client is in the UK with pre-settled status and is concerned about whether her spouse can cancel it. She is approaching the end of the five-year requirement for settled status. The relationship with her spouse has deteriorated due to infidelity, leading her to consider divorce. The client is worried about her immigration status amidst these personal circumstances, although her spouse has not initiated any legal proceedings to cancel her status. The primary issue involves the intersection of immigration and family law related to her pre-settled status and marital issues.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my spouse legally affect or cancel my pre-settled status in the UK?
Your spouse cannot directly cancel your pre-settled status in the UK. Pre-settled status is linked to your right to reside independently as an EU citizen under the EU Settlement Scheme. Even if your relationship with your spouse changes, your immigration status remains valid until its expiration, provided you continue to meet the conditions of residence. It is important to maintain your residency and comply with any reporting requirements.
What steps should I take to ensure my immigration status is secure during the divorce process?
To secure your immigration status during the divorce process, ensure you maintain your residence in the UK and comply with the requirements of your pre-settled status, such as not being absent from the UK for more than six months in any 12-month period. Keep all documents that prove your residence and activities in the UK, such as tenancy agreements, utility bills, and employment records.
How does a divorce impact my path from pre-settled to settled status in the UK?
Divorce can impact your path from pre-settled to settled status in the UK, primarily if your status is based on your relationship with an EU citizen. However, you can still apply for settled status independently if you meet the residency requirement of five years in the UK.
Are there any specific legal protections for EU citizens with pre-settled status who are divorcing in the UK?
EU citizens with pre-settled status in the UK have specific legal protections during divorce. The EU Settlement Scheme protects your right to remain in the UK independently of your spouse. After divorce, you may apply to retain your residence rights, provided you meet certain criteria.
What should I know about the divorce process in the UK, especially when there are concerns about immigration status?
In the UK, a divorce process begins with filing for a divorce, citing one of the legally recognised grounds such as adultery or unreasonable behaviour. Concerns about immigration status can be significant during this process, especially if your residency is tied to your marriage.
