Have divorce proceedings been issued yet?
Thanks for your patience.
Unfortunately, as you have been married more than 3 years and have spent one of those years in the UK then he would be permitted to apply to retain his treaty rights under EEA rules.
This is where a non-eea spouse of an EEA national can apply to retain their rights of a residence card (ie. To stay in the UK for 5 years) once divorce proceedings have been issued .
So, he can apply for this because of the length of your marriage. If you have either not been married for 3 years or had not spent a year in the UK together then he would have no options but unfortunately it’s likely he will be able to stay if he makes the application to retain his rights.
If he does not make the application then it’s possible that he may not be able to secure his stay in the UK in 4 years time when his residence card runs out.
Were you to say that the relationship broke down sometime before he had been in the UK for one year then it may be a bit difficult for him to retain his rights, but still not impossible. You’re only options is to advise the home office of when you consider the relationship has broken down and they will likely curtail his residence card, but if he takes advice from a solicitor then they will say to issue divorce proceedings and apply to retain his rights straight away.
I am sorry that I could not have better news for you.
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