Are people with retained Rights still family members of EEA/EU

[Dino202536]

Hi

I am currently completing my British naturalisation form and a question that was asked was:
Are you either:
- An EEA national who has been issued with a permanent residence document
- a family member of EEA national who has been issued with a permanent residence card

I am not too sure of what to answer. Basically here is my timeline
- I am from a non-eu country
- Got married to my ex wife In 2010 and issued with 5 years residencecard
- Got divorce in 2015 and had a retained rights in 2017
- applied and obtained settle status in 2020


many thanks for answering

[alterhase58]

You are applying on the basis of your Settled Status so the answer to the question should be NO and then you will be presented with an ILR option (includes Settled Status). Your status under EEA regulations is no longer relevant, as I understand it lookiing at your timeline.

[Dino202536]

Thanks for your answer, however the option to use ILR (including Settled status) only appears when answering YES. This reads
" Will you use your Indefinite Leave to Remain (ILR), including ILR granted under the EU Settlement Scheme, to apply for British Citizenship? "

When answering NO, it looks like the system assumed that I will be applying using a PR.

Also by definition, I believe Setlled Status is only for EU members and their family. part of me is thinking that - if home office issued that document to divorced people then we are still considered as family member of eu.

[alterhase58]

OK - we can't see the online options available and possible permutations. As you say YES takes you to the ILR section then that's the correct path. You apply in your own right as a settled status holder, not as a family member, so I don't see an issue.