Rights after divorce

[Qwertyuiop1984]

Hi

Could anyone please advise?

The wife is a dual citizen (EU citizen who naturalised as British and became dual EU/British), the husband is non EU.

They got married in 2018 and he was issued an EEA family permit the same year. He got pre-settled status this year. His extended family member BRP card will expire in 2023.

If they get a divorce after 3 years of marriage, will he be eligible to continue residing in the UK?

Thank you

[Zerubbabel]

Hello

Yes, after 3 years, the non-EEA national would acquire a retained rights. It means that even if the couple divorces, the immigration status of the non-EEA national is not compromised.