Non-EU seeking clarification on Directive 2004/38/EC

[Houta]

Hi,

I'm a non EU citizen and I moved to the Netherlands in 2010 where I got married to an EU citizen (my Portuguese girlfriend then), and I have a Residence Permit in Netherlands as a Family Member of an EU Citizen since November 2010, which is valid till 2015.

I never asked for any benefits from the Dutch government, as I’ve been working full time jobs since my arrival with a high income; however, my wife is not working since two years.

Things have been not going well since last year, and we’re heading for divorce. My question is, do I have the right to stay in Netherlands after the divorce?

I asked couple of people, and I’ve called the immigration office in Netherlands, and they told me that my residence permit is based on the reason of marriage, and once the divorce happens, the residence permit should be cancelled and I would need to leave the country.

Which sounds very strange to me as from my readings and understanding of Article 13 (2) (a) of Directive 2004/38/EC, as implemented by Regulation 10 (2) (b) of the 2006 Regulations, which provides that family members of Union Citizens shall not entail the loss of the right of residence in circumstances where, prior to the initiation of the Divorce, the marriage lasted 3 years, one year of which was in the Member State. We have been married for 3 years 5 months now!

Would you please advise?

Thanks,

[Houta]

**UPDATE**

I have spoken to the immigration office and they confirmed that I have the right to stay after the divorce, and once I’ve completed 5 years in Netherlands, I can apply for a permanent residence.

The update is to share the information with you guys.
Thanks!