Divorce before applying for BC, non-EU PR holder

[4uvak000]

Hi all. This is on behalf of my friend. My friend is a non-EU family member of EU citizen. My friend hold PR issued few months ago. They are married since 2007. Now things are not quite well and divorce possible. As to my understanding, my friend should be ok to apply for BC after divorce providing that my friend has PR stamped in passport, has been working full time since 2007 (was a student from 2005) and satisfies absence requirements. Is this right that my friend should wait 1 year from the PR issue date and than apply for BC sending only passport, diploma (to prove English language skills) and Life in UK certificate in case of divorce? My friend has UK masters degree. Thanks.

[jotter]

Hi all. This is on behalf of my friend. My friend is a non-EU family member of EU citizen. My friend hold PR issued few months ago. They are married since 2007. Now things are not quite well and divorce possible. As to my understanding, my friend should be ok to apply for BC after divorce providing that my friend has PR stamped in passport, has been working full time since 2007 (was a student from 2005) and satisfies absence requirements. Is this right that my friend should wait 1 year from the PR issue date and than apply for BC sending only passport, diploma (to prove English language skills) and Life in UK certificate in case of divorce? My friend has UK masters degree. Thanks.

My understanding is that any divorce would be a non-issue here, since its already 'post-PR'. Once you have PR as a non-EU family member you are no longer dependent upon the EU family member for your status, so what they've been doing since PR with regards to treaty rights doesn't count. They only need to meet the other standard requirements for that time (e.g. absences from the UK). Having said that, I would in general recommend to any person who has been on the EEA route to wait the 12 months after getting PR so that they don't have to resubmit any treaty rights evidence.

[askmeplz82]

Can't agree more

[4uvak000]

Thanks everybody.