UK Immigration Law
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Have divorce proceedings started yet?
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If divorce proceedings have not commenced yet then you would be eligible to apply to retain your treaty rights when they are.
Usually when an EEA citizen divorces a non-EEA citizen on a family permit a non EEA citizen loses their right to stay in the UK.
However, under the Retention of Treaty Rights Rules, if you have been married for three years and have lived one of the years in the United Kingdom together by the time that divorce proceedings have commenced then the non-EEA national can apply to retain their rights.
This means that you would make an application so that you would be able to stay in the UK after you have retained your rights up to the period of time that you need in order to apply for permanent residence.
You would have to apply to retain your treaty rights only once divorce proceedingss have commenced and can do so using the following form:
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You can apply as soon as divorce proceedings are commenced. You do no have to wait until you are legally divorced.
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