Retained rights please urgent help needed

[Beebee2222]

Hello everyone, I really need an answer to this question as I have booked appointments with two solicitors but no tangible answer. I got married to my Eea spouse a little over 3 years ago, unfortunately my residence card was refused but after going to court it was released. I got the permit 2 years after marriage. My husband and I are having issues because he wants to relocate as he is having low self esteem due to brexit. He is planning to relocate to Germany but unfortunately I can’t speak German and I am not ready to move with him. Since we can’t find a common ground, we decided to divorce. Our marriage is 3 years and 2 months but I have only just spent one year from the 5 years residence permit. According to the EEA law for deviative card, the marriage should be at least three years old and eu citizen must exercise treaty rights within 3 years, I can pass under this law but the problem is this. Is it 3 years from the date of marriage or 3 years from when I got my residence card? Please I need answers as soon as possible. My husband is okay to give me all necessary documents but we just need to be sure if it’s 3 years marriage or 3 years free rc. Thank you so much.

[Obie]

3 years from marriage.

[too old]

Additional to above make sure your spouse is qualified person through the divorce process until the absolute decree is issued and the eea spouse is in UK. you as non eea must be working as if you are an eea national from the date divorce is finalized until the day it is the 5th anniversary of your marriage date. The gurus can correct me if i am wrong