Non-EEA National, divorced after 5 years, what type of Visa is needed

[April67]

Dear all,

I Have called many solicitors about this matter, but no one have a clear answer. I had also called Home Office many time to get the information but, No clear answers been given.
Long story short.
I am a Non-EEA national, married to EEA national in May 2014, Live together till now. Both EEA and Non-EEA national was qualified person through out 5 year period from may 2015 to July 2019, the EEA National is working as self employed. No absence from UK more then 2 months in each year. The Non-EEA national was issued a residence card for 5 year till June 2020.
Due change in personal circumstances, The Non-EEA patner want to apply divorce to an EEA national soon.
Facts.
duration of marriage = over 5 years
living in UK = over 5 years
Living together = over 5 years
qulified periods = over 5 years

2 question.
Question 1.
what shall Non-EEA family member have to do after the separation.

Question 2.
Can Non-EEA apply for retain right or which type of visa shall non-EEA national apply? As the marriage lasted more then 3 years, and they lived in the UK and were qualified.

Question 3.
Or can the Non-EEA apply for Permanent residence card, as he lived in UK for 5 years with his EEA partner, and his partner and himself was qualified through out that period.

question 1 and 2 are not confusing but question 3 is.
In each scenario please explain to how this will be dealt. if PR, then on which grounds, does the Non-EEA member have to wait for divorce or ?

Question 4.
Do I still have to apply the EU Settlement Scheme if the Non-EEA national want to seperate with EEA National ?

Yours faithfully,
April

[Zerubbabel]

Hello

Your 5 years EEA residence card expires in 2020. It means it was issued at one point in 2015.

Was it your first EEA card or was another EEA card before?

If you completed NOW 5 years under EEA route, go and apply for the EU Settlement Scheme. You will get a "Settled" status which is equivalent to permanent residence.

Do it now. It's not important that you will divorce in the future. What matters is that now you are married to an EEA national and you have 5 years+ under EEA route. So you qualify for settlement.

What were you doing during these last few years? Were you working?

[April67]

Good Morning

Thanks for your quick response, please see my answers as below:
Your 5 years EEA residence card expires in 2020. It means it was issued at one point in 2015.
Yes, it was issued by 2015

Was it your first EEA card or was another EEA card before?
This is my first EEA family permit card

If you completed NOW 5 years under EEA route, go and apply for the EU Settlement Scheme. You will get a "Settled" status which is equivalent to permanent residence.
Does it means I can apply without him? or do I have to apply with him?
Also the EEA National is not a permanent residence and not a UK national so can this still be applied for even though he has not got this

Do it now. It's not important that you will divorce in the future. What matters is that now you are married to an EEA national and you have 5 years+ under EEA route. So you qualify for settlement.
Thanks to let me know about this

What were you doing during these last few years? Were you working?
I was working in during these last few years