What happens to your Pre-Settled Status when your EEA sponsor dies, or your relationship as the durable partner of an EEA national breaks down?

Gherson has recently received confirmation on how the EU Settlement Scheme currently treat cases in which a non-EEA national family member has obtained Pre-Settled Status and their EEA sponsor subsequently dies or their durable partnership with the EEA sponsor breaks down.

Death of an EEA sponsor

If you are a non-EEA national who has been granted Pre-Settled Status as a family member, and your EEA sponsor subsequently dies, the death of your EU sponsor will not impact your status once it has been granted.

What does this mean?

This means you do not need to re-apply for Pre-Settled Status. Once you have been granted Pre-Settled Status, the subsequent death of your EEEA sponsor will not affect your status and it will still be valid for 5 years from the date granted.

After 5 years from the date your Pre-Settled Status as a family member is granted, you may be eligible to apply for Settled Status, i.e. UK permanent residence. You will need to demonstrate your continuous residency in the UK across the relevant 5-year period and apply under retained rights of residence.

Breakdown of durable partnership with an EEA sponsor

If you are a non-EEA national who has been granted Pre-Settled Status as a durable partner of an EEA national and your relationship comes to an end, similarly, your Pre-Settled Status will not be affected by the relationship breakdown and will still be valid for 5 years from the date granted.

How Gherson can assist

Gherson has extensive experience in advising EEA nationals and their family members, including on complex EU Settlement Scheme applications. If you have any queries relating to the blogs published or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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