Separated, looking to remarry but unsure what to do!!

You're welcome. Your lawyer may have you consider a progression of steps like these:

  1. Seek pre-settled status through an EUSS application submitted by 30 June 2021, as the legal spouse, residing in the UK during that period in 2020 and continuing, of an EEA national who was residing in the UK during that period of 2020 and continuing.

  2. Initiate termination of the marriage (divorce proceedings) at a time when the EEA spouse is still a "relevant EEA citizen" at the time of initiation ("an EEA citizen ... resident in the UK and Islands for a continuous qualifying period" [typically who was not been outside the UK for more than six months in the preceding 12 months])

  3. As you approach the final termination of the marriage, your lawyer will guide you as to whether you should afterward pre-emptively apply again for pre-settled status, this time as the (former) family member who has retained the right of residence by virtue of a (terminated) relationship with a relevant EEA citizen.

  4. Upon having accrued a five year "continuous qualifying period" of residence in the UK, your lawyer can assist you with your EUSS application seeking settled status, based on the combination of your time residing in the UK as the legal "family member of a relevant EEA citizen" and your later time as "a (former) family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen".

  5. One year after being granted settled status, a possible application for British citizenship. If you are married to a British citizen at the time of the citizenship application, that one year waiting period generally would not apply.

 

Same disclaimer as before.

/r/ukvisa Thread Parent