Retained Right of Residence

[Redrafi]

Hi,

I am looking for some advice on the below senario... this is all new to me!

My best friend is African (non eea - husband) married a lovely British girl in 2010 who was living in UK when they met (eea - wife.) He moved to the UK in 2014 on a spouse visa. Their marriage has always complicated and recently failing, now he has had / having an affair. Idiot.

He is likely to leave within the next few days and is worrying about his visa status and staying on the right side of the law.
What happens to his status if he leaves?
If he divorces can he apply for ROR ?
Is this likely to be granted if he has all paperwork etc I order ? He is self employed but not 'skilled'

He is trying to make up for the sake of his visa only but he can't be sure his wife or her family won't complain to immigration he used her a passport? If she does I imagine he could be in real trouble!

Any advice welcome

Thanks in advance

[CR001]

Retained rights of Residence is NOT applicable to a spouse of a British Citizen as he is NOT in the UK under the EEA/EA rules but falls under the UK Immigration rules which are completely different and separate.

[Redrafi]

Hi,

Thanks for the quick response.

I thought because she is living within the current EU she would be exercising treaty rights but understand she isn't because she is British living in Britain.

What options does he have now ?

[Obie]

Did he and his wife reside in another EEA country as husband and wife, and was the British exercising treaty rights in that other country.

[CR001]

Did he and his wife reside in another EEA country as husband and wife, and was the British exercising treaty rights in that other country.

Appears to be on a spouse visa since 2014, living in the UK together with BC spouse.

married a lovely British girl in 2010 who was living in UK when they met (eea - wife.) He moved to the UK in 2014 on a spouse visa.

[Obie]

Even if he entered on a spouse visa, that will not stop him from qualifying under Surinder Singh route, if his partner exercised treaty rights in another EEA state.

Mr Singh, in the case of Surinder Singh, had indeed entered the UK on a spouse visa, with his wife Mrs Singh. He only sought to invoke EU law, after his marriage with Mrs Singh ended in a divorce and the UK authority refused to renew his leave, and attempted to remove him to India.

[Redrafi]

Hi

They have never stayed in another EU state only the UK.

I realise his options are very limited he helped me so much when I was working in Kenya I owe him all the help I can.

What happens if he leaves and they do not divorce immediately?
What happens if his visa is due to expire before they divorce but he has been here for over 5 yrs?