# Divorced non-EU holder of an EEA Family Permit



## jenichezzytango (Mar 17, 2013)

I'm from the U.S. and have been in the UK on an EEA Family Permit since 2009 (it expires 2014). My Italian husband and I have just divorced, and though I know I meet the criteria to retain my right of residency in the UK (we were married for 3+ years, he was exercising treaty rights, I've been in full-time employment, haven't left the country for extended periods of time, etc.), my question is about what happens after I've been in the UK for 5 years and I apply for Permanent Residence and subsequently Naturalisation. Is it the normal 1 year of having been free from immigration restrictions before I can apply for naturalisation, or because I'm no longer married to my European spouse, does this somehow complicate the process? Thanks for any advice you can offer. It's a bit of a unique case and it's been very difficult to find a straightforward answer...


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## Joppa (Sep 7, 2009)

jenichezzytango said:


> I'm from the U.S. and have been in the UK on an EEA Family Permit since 2009 (it expires 2014). My Italian husband and I have just divorced, and though I know I meet the criteria to retain my right of residency in the UK (we were married for 3+ years, he was exercising treaty rights, I've been in full-time employment, haven't left the country for extended periods of time, etc.), my question is about what happens after I've been in the UK for 5 years and I apply for Permanent Residence and subsequently Naturalisation. Is it the normal 1 year of having been free from immigration restrictions before I can apply for naturalisation, or because I'm no longer married to my European spouse, does this somehow complicate the process? Thanks for any advice you can offer. It's a bit of a unique case and it's been very difficult to find a straightforward answer...


Yes, you will be in the same situation as someone not married to a British citizen. So 5 years for permanent residency (under retained rights of EU rules) and a further year before you can go for naturalisation. While you don't need to pass the Life in the UK test for permanent residency, you do for naturalisation. I'd get it out of the way sooner rather than later.


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## jenichezzytango (Mar 17, 2013)

Thank you Joppa!
One more thing you might be able to tell me: when I do apply for permanent residency, that still has to be on the basis of my relationship with my ex-husband, so I need to use the EEA4 and send in all his documents and evidence of having exercised treaty rights? Or is there some other route as we are no longer together?


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## Joppa (Sep 7, 2009)

No. This is what the guidance says:

"Completion of 5 years residency after having retained the right of residence
The following documents must be supplied by a non-EEA national family member who has retained the right of residence and who is applying for a Permanent Residence Card under regulation 15(1)(f) having completed 5 years residency:
 A valid passport
 Documentation confirming that s/he has completed 5 years residency in accordance with the 2006 Regulations as the family member of an EEA national exercising Treaty rights / as a person who has retained the right of residence."

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter6.pdf?view=Binary

You should phone up European enquiries on 0845 010 5200 to establish your retained rights, who can advise you further.


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## babakhan (Sep 25, 2013)

appology to jump into this. 
but my question is on same basis.. as my lawyer say if divorced then i only have to show 1 year of living together and three year of exercised treaty rights for EU Ex. 
my case is as i have no wareabout of her. any help/


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## Joppa (Sep 7, 2009)

Please don't come here for free second opinion if you are professionally advised. Pay for another opinion yourself.


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