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You can stay on in the UK after the conclusion of your divorce, if you can show that you have ‘retained rights of residence’ (see the legislation below) by proving, as relevant:

1. Your decree absolute was issued when you were resident in the UK; and

2. You either:

a. Were married for three years or more, and you were continuously resident in the UK for a year. The EEA partner would need to have been working, studying or financially self-sufficient during this year; or

b. You have custody of the child of the EEA partner; or

c. You have a right of access to the child of the EEA partner under a court order which states that the access must take place in the UK. There would be a process involved in evidencing that one or more of the requirements under point 2 are satisfied.

Your immigration status would be that of a ‘family member who has retained the right of residence’. You would likely be able to retain your existing residence card, which would be linked on the Home Office system to your new status, and you would be able to qualify for settled status (permanent residence) after accruing 5 years’ residence in the UK.

The law on staying on in the UK after divorce states, under 'Definitions, Immigration Rules Appendix EU':

“(d) the applicant (“A”) is an EEA citizen or non-EEA citizen who:

(i) ceased to be a family member of a relevant EEA citizen (or of a qualifying British citizen) on the termination of the marriage or civil partnership of A; for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen (or that qualifying British citizen ceased to be a qualifying British citizen), they will be deemed to have remained a relevant EEA citizen (or, as the case may be, a qualifying British citizen) until that termination; and

(ii) was resident in the UK at the date of the termination of the marriage or civil partnership; and(iii) one of the following applies:

(aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident for a continuous qualifying period in the UK of at least one year during its duration; or

(bb) A has custody of a child of the relevant EEA citizen (or the qualifying British citizen); or

(cc) A has the right of access to a child of the relevant EEA citizen (or the qualifying British citizen), where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or

(dd) the continued right of residence in the UK of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting”

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