I have a domestic violence issue with my husband who is a qualified EEA citizen in the UK (at least until now). We have been separated since Dec'17. We're planning to submit the Divorce form in May 2018 (due to Divorce cost). However, he is planning to leave the UK by end of this month (Mar'18), and he told me that he wouldn't be able to give me reference letter from his current employer to prove that he is still a qualified person because he has a problem with his employer. Will I still be able to apply for Retained Rights to Reside after receiving a Divorce certificate from the court? I am working fulltime as a permanent employee in London and hold a little part of the company's share because I am part of the company's founding member.
Please advise. Thank you.

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Public Answer: 

Dear Madam,

Thank you for your immigration enquiry.

You may be eligible to apply for retained rights of residence provided that you were married to an EEA National, and resided together for at least one year. Documents are an imperative part of the application as you are required to show that your partner was exercising treaty rights.

In any event, we will need to discuss your matter in further detail before advising you.

An immigration Solicitor will contact you shortly.

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