Single_mum wrote: ↑Wed Mar 24, 2021 12:38 pm
Would you please advise me of where to find the retain residency in the Brexit agreement. If you don't have this to hand it's ok. I know it's quite a big ask.
Article 10 of Title I (General Provision) of Part Two of the
Withdrawal Agreement.
1. Without prejudice to Title III, this Part shall apply to the following persons:
...
(f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter.
Also Article 13(4) just further below the above Article in the Withdrawal Agreement.
4. The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights on the persons referred to in paragraphs 1, 2 and 3, other than those provided for in this Title. There shall be no discretion in applying the limitations and conditions provided for in this Title, other than in favour of the person concerned.
Article 13 of
Directive 2004/38/EC
2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or
(b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen's children; or
(c) this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.
As you can see above, the ability to retain right of residence on divorce has been there in EU law since 2004 and still applies in the current member-states of the EEA.
If it is any consolation, your former spouse will not be able to sponsor any future spouse of their own, except after they acquire ILR/Settled Status, and even then, it would be under the much stricter requirements for British citizens.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.