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Rights after divorce

Posted: Thu Sep 03, 2020 6:48 pm
by 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

Re: Rights after divorce

Posted: Sat Sep 05, 2020 7:22 pm
by 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.