Immigrationboards.com

Posted: **Sun May 29, 2022 10:31 am**

Hi
My friend is Indian national. He got married with French national in June 2019.He has one son who is 3 years old .Wife and Son both have settled status under EU .He was granted EU residence card in 2020 for 5 years. He was granted 5 years pre settled status in Jan 2022 on the basis of marriage with EU national.

He is not in good relationship with wife and both are talking about divorce.

if they start divorce process what will be option for him ?

can he apply for Right of Retention or on the basis of his son?

what will be process

please guide

Posted: **Wed Jun 22, 2022 4:13 pm**

Hello

Read this please:
https://www.gov.uk/family-permit/apply- ... -residence

In particular, this section:

If you or a member of your family was previously married or in a civil partnership
You can apply if you stopped being the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein after their marriage or civil partnership ended with a divorce, annulment or dissolution. You must have lived in the UK when it ended.

One of the following must also apply:

the marriage or civil partnership lasted for at least 3 years and the couple had both been living in the UK for at least one year during that time
you have custody of your previous family member’s child
you have been given right of access in the UK to your previous family member’s child and the child is under 18

The keys here are:

- marriage lasted for at least 3 years
- couple had both been living in the UK for at least one year (during these 3 years)

This creates eligibility for retained the right of residence.

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