If you are a non-EEA citizen and you are married to an EEA citizen, you may be allowed to stay in the UK in case of the divorce.

Under the current Regulations if a non-EEA citizen has been married to an EEA citizen for at least 3 years and they resided in the UK for at least 12 months and both of them were economically active in the UK during the divorce proceedings, then a non-EEA citizen may be granted further leave in the UK under the so-called Retained Right of Residence.

If a Retained Right of Residence application is approved, a non-EEA citizen may be granted with an EEA Residence Document, valid for 5 years. Such a non-EEA citizen will be able to remain and work in the UK and apply for Permanent Residence (ILR) having completed totally 5 years under EEA law on combination of the “old” and “current” EEA Residence Documents.

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