Retained right of residence in case of divorce

[fint]

Hi all, I will really appreciate an advice or pointing to a relevant guidance that would be applicable in my case.
I'm a non-EEA citizen married to a non-EEA wife since 2012.
In December 2014 I came to the UK on a Tier-2 ICT visa, my wife came with me as a dependant on my visa.
In October 2017 my wife acquired EU citizenship. She received her EU passport in November 2018 and we applied for the UK documents straightaway.
In February 2019 my wife received RD (as self-sufficient) and I received BRP valid until February 2024.

Now comes the question. If my wife leaves the UK (for whatever reasons), can I apply for a retained right of residence? E.g. if we officially divorce. What is the earliest possible date for this?

[CR001]

How did she 'acquire EU citizenship'?? There is also no such thing as EU citizenship, there is a specific country citizenship within the EU.

[fint]

She was eligible for citizenship of one of the EU countries through her parents. I think it's not that relevant to the question, so I didn't expand it in the original post.

[CR001]

If she was X EU country citizen from birth, it might be a different case to if she had to register or naturalised as X EU country citizen, like FBR for Irish for example, it again is likely a different scenario. Which is why I asked the question, but will leave others to offer any advice further.

[fint]

Now I got it. No, she wasn't an EU country citizen from birth. She acquired citizenship in 2017 only.

[wahi66]

so now you have the visa saying "family member of the EU national?

you need to proof that you and EU national was exercising treaty rights for last three years before you can be eligible for the ROR under the above mentioned visa category.

[fint]

So according to Free movement rights: retained rights of residence guidance:

To meet the conditions of regulation 10(5)(d)(i) the applicant must have:
• been married to, or in a civil partnership with, the European Economic Area (EEA) national for at least 3 years immediately before beginning proceedings for divorce, annulment or dissolution
• lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership

I don't see any requirements to exercise the EU treaty rights for three years.

[askmeplz82]

Married for 3 years . exercise treaty right is not longer requirement under new EU SETTLEMENT SCHEME

[PaikonJay]

Hi all,

Can some please advise on exercising treaty rights by eea nationals. I read here that it no more required to be proven.

Is there any legal basis or reason why this has happened?

So what do I have to prove when applying for PR an a non eea family member?

Thanks

[askmeplz82]

Can some please advise on exercising treaty rights by eea nationals. I read here that it no more required to be proven.

If you are applying for EEA RESIDENCE ( retained right of residence ) under EEA Law yes you still have to prove your EEA family member was exercising treaty right on the date of the divorce finalised

if you are under EU pre settlement ( retained right of residence ) then you only need to show your EEA FAMILY MEMBER was a resident on the date divorce is finalised