guys your advicesis required

i would to submit this case on behalf to a friend of mine.
he married an Eu national back in 2003 , in august 2004 granted 5 years RC.
they divorce in september 2008.
since the divorce he fail to inform the HO about the situation .
he told me that he was unaware of that requirement (he taught he could have waited sept09 to apply for PR)
i have just made him aware of this breach of the 5 years RC.
Now he want to know if he can retain his residency.
what do you think? has he got any chance?
thanks for reading

He certainly has a chance, so long as he meets the requirements.

The marriage should have lasted three years, and he has to prove that the EEA national was exercising treaty rights in the uk up to that time.

If he can get the payslips , or tax assessment up to the time the marriage ceases/divorce absolute was passed , he will be fine.

In EU law the passage of time, or failure to notify home office has little or minimal effect, provided he meets the requirement that would have been stated anyway.