Hi I am married to EEA national in sep 2012 I got my residence card in Jan 2015 but for some reason, we are getting divorce if I apply for retained right of residence what are the chances to get it and if I get the visa what will happen after the UK officially leave the EU will they cancel my visa or will I allow to keep at?

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Public Answer: 

Thank you for your question. 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 your application for Retained Right of Residence is approved, you may be granted with EEA residence documents. These will be valid for five years, after which you may be able to apply for a permanent residence (PR) Card. Obviously, the ability for EEA nationals or their family members to apply for PR Cards in five years time is uncertain because of Brexit.

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Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

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