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If your marriage to an EEA national did last for total 3 years, and 1 year from those 3 years was in the UK, you may apply for 'Retention Right'. You are not eligible to apply for Indefinite Leave to Remain (called Permanent Residence under EU law) at this stage.ahmedkoky76 wrote:Im married for 3years now to EEU wife but we geting the divorce after 3years of married .i had my family member visa for five years only last year.can i applies for Indefinite Leave to remain my visa still running .what application do I need? Can I send my application now to home office or do I need to wait till my visa run out? Im very confuse I need help please .thank you.