Family Members of EEA nationals who Have Retained the Right of Residence Following Divorce or Dissolution of Civil Partnership
A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership may retain a right of residence in the UK if he or she meets four major requirements. They are all explained in a video below, but here is a summary:
Where a person ceased to be a family member of EEA national there is still a possibility for them to retain their right of residence in the UK if they meet certain requirements.
These requirements are for them and for their EEA national former spouses.
Requirements for Former Spouses
At the time, when a person initiated a divorce, a former spouse needed to be ‘a qualified person’. In other words, they needed to be a worker, self-sufficient, self-employed or a student. They can also be job seekers, but for a short period of time, not exceeding 91 days in a 12-months period of time.
If a former spouse needs to prove the above requirements. It is unless they had a document, certifying Permanent Residence in the UK at the time when one of you initiated a divorce.
Requirements for a Family Member of EEA National
At the time of making their ‘Retained Right of Residence’ application, a person needs to work. Alternatively, they can be self-employed or self-sufficient. In other words, they need to show that they will not be claiming benefits if the Home Office allows their application. In addition to these requirements, they can meet one of the following 3 requirements:
- 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 resided in the United Kingdom for at least one year during its duration, or
- the former spouse or civil partner of the qualified person or the EEA national with a right of permanent residence has custody of a child of that qualified person or EEA national; or where a court has ordered that such access to the child under the age of 18 must take place in the United Kingdom;
- the continued right of residence in the United Kingdom of the former spouse or civil partner is warranted by particularly difficult circumstances. For example, where they have been a victim of domestic violence whilst the marriage or civil partnership was subsisting.
Watch the video explaining more:
If a former spouse meets these requirements, they can make an application under the Immigration (European Economic Area) Regulations 2016.
If a former spouse has resided with their retained right of residence and other rights to reside under 2016 Regulations for a period of 5 years, they can be entitled to make their Permanent Right to Reside application.
Permanent rights to reside in the UK is an equivalent to Indefinite Leave to Remain (ILR). The Home Office normally grants ILRs under the relevant provisions of the Immigration Rules. It is when a person can stay in the UK for an indefinite period of time. It is when the Home Office did not impose any conditions on their stay.
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