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  • FAQ

    Last updated: January 4th, 2023

    I am a non-EU citizen and was granted pre-settled status on the basis of my relationship with my EU partner. The relationship has broken down, will I still be able to apply for settled status?

    (In this FAQ, we use EU citizens to mean EU, EEA or Swiss citizens, and non-EU to mean family members who are not EU, EEA or Swiss citizens.)

    If you were previously married or in a civil partnership, then you can still apply for settled status after 5 years if you lived in the UK when the relationship ended and one of the following also applies:

    • the marriage or civil partnership lasted for at least 3 years before divorce proceedings were initiated, and you’d both been living in the UK for at least one year during that time; or
    • you have custody of their child; or
    • you have been given right of access in the UK to their child - the child must be under 18; or
    • particularly difficult circumstances apply - for example, you or another family member was the victim of domestic violence or abuse in the marriage or civil partnership

    If you were durable (unmarried) partners, then you can still apply for settled status if:

    • your relationship has broken down permanently because of domestic violence or abuse.

    Other members of your family unit at the time when the relationship ended are also covered by the same rules. If you are a family member other than a partner who has been sponsored by an EU citizen to join them in the UK and you are the victim of domestic violence or abuse, you can also qualify for settled status after 5 years. 

    If your relationship with your EU sponsor has broken down you need to provide details and evidence about what has happened when you apply for settled status.

    If you are not eligible to apply for settled status, because you don’t fall into one of the categories above, then you should be able to stay in the UK until your pre-settled status expires, although there is a possibility of the Home Office curtailing your status if they think you no longer meet the Appendix EU rules. After it expires, you will need to apply under a different UK immigration route if you wish to stay in the UK.

    See https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member for more information. 

    See https://www.gov.uk/family-permit/apply-retained-right-of-residence for more information if you are currently outside the UK.

    The European Union has published a detailed leaflet about retained and derivative residence rights, which you can download here.

    We recommend you seek legal advice if you are in any of the above situations, or if you are a family member of someone in any of the above situations. See https://www.the3million.org.uk/useful-links for details of organisations who can provide legal advice.

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