Refer to this:
https://assets.publishing.service.gov.u ... embers.pdf
Page 200
Family member who has retained the
right of residence
An applicant can meet the eligibility requirements for indefinite leave to enter (ILE) or
indefinite leave to remain (ILR) under rule EU11 (condition 1, 2 or 3), or for limited
leave to enter (LTE) or limited leave to remain (LTR) under rule EU14 (condition 1),
as a family member who has retained the right of residence by virtue of a
relationship with a relevant EEA citizen.
An applicant can meet the eligibility requirements for ILE or ILR under rule EU12
(condition 1, 2 or 3), or for LTE or LTR under rule EU14 (condition 2), as a family
member who has retained the right of residence by virtue of a relationship with a
qualifying British citizen.
An applicant can meet the eligibility requirements for indefinite leave to enter (ILE) or
indefinite leave to remain (ILR) under rule EU11A (condition 1), or for limited leave to
enter (LTE) or limited leave to remain (LTR) under rule EU14A (the condition there),
as a family member who has retained the right of residence by virtue of a
relationship with a relevant sponsor.
This section sets out the requirements to be met and the evidence which may be
provided by the applicant, who can be a European Economic Area (EEA) citizen or a
non-EEA citizen, to satisfy you that, at the date of application, they are a family
member who has retained the right of residence by virtue of a relationship with a
relevant EEA citizen, with a qualifying British citizen or with a relevant sponsor.
You must also be satisfied that since satisfying those requirements, the ‘required
continuity of residence’ has been maintained by the applicant. This means that,
where the applicant has not completed a continuous qualifying period of 5 years (and
does not have valid evidence of their indefinite leave to enter or remain, and has not
acquired the right of permanent residence in the UK under regulation 15 of the EEA
Regulations, or the right of permanent residence in the Islands through the
application there of section 7(1) of the Immigration Act 1988 or under the
Immigration (European Economic Area) Regulations of the Isle of Man), then, since
the point at which (where they do so) they began to rely on being in the UK and
Islands as a family member who has retained the right of residence and while they
continued to do so, one of the events referred to in sub-paragraph (b)(i) or (b)(ii) in
the definition of ‘continuous qualifying period’ in Annex 1 to Appendix EU has not
occurred.
Your case is covered from page 204 onwards
The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen or relevant sponsor)
has been terminated
Requirements
The applicant can apply as a family member who has retained the right of residence
where:
• they ceased to be a family member of a relevant EEA citizen (or of a qualifying
British citizen), or a joining family member of a relevant sponsor, on the
termination of the marriage or civil partnership of that relevant EEA citizen (or of
that qualifying British citizen or relevant sponsor), regardless of whether, after
the initiation of the proceedings for that termination, the relevant EEA citizen
ceased to be a relevant EEA citizen (or the qualifying British citizen ceased to
be a qualifying British citizen or the relevant sponsor ceased to be a relevant
sponsor)
• they were resident in the UK at the date of the termination of the marriage or
civil partnership
And one of the following applies, either:
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and the parties to the marriage or civil partnership had been resident in the UK
for a continuous qualifying period of at least 1 year during its duration
• the applicant has custody of a child of the relevant EEA citizen (or qualifying
British citizen or relevant sponsor)
• the applicant has the right of access to a child of the relevant EEA citizen (or
qualifying British citizen or relevant sponsor), 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
• the applicant’s continued right of residence in the UK is warranted by
particularly difficult circumstances, such as where they or another family
member has been a victim of domestic violence or abuse whilst the marriage or
civil partnership was subsisting
Relevant evidence
In addition to evidence about the relevant EEA citizen (or qualifying British citizen or
relevant sponsor), evidence which may be relevant to the requirements above
includes:
• the court order terminating the marriage or civil partnership
• evidence that the applicant was resident in the UK at the date of the termination
Where the applicant is applying on the basis that the marriage or civil partnership of
the relevant EEA citizen (or of the qualifying British citizen or relevant sponsor)
lasted for at least 3 years before legal proceedings for its termination began, and the
parties to the marriage or civil partnership were resident in the UK for a continuous
qualifying period of at least one year during its duration, evidence which may be
relevant to those requirements also includes:
• evidence of the marriage or civil partnership of the relevant EEA citizen (or
qualifying British citizen or relevant sponsor), for example a marriage or civil
partnership certificate
• evidence that prior to the initiation of the legal proceedings for its termination,
the marriage or civil partnership had lasted for at least 3 years
• evidence that the parties to the marriage or civil partnership were resident in
the UK for a continuous qualifying period of at least one year during its duration
You also need to be satisfied that the applicant met the definition of a family member
of a relevant EEA citizen (or of a qualifying British citizen), or of a joining family
member of a relevant sponsor, for the period of residence, prior to the termination of
the marriage or civil partnership, on which they are seeking to rely (i.e. for the period
prior to them meeting the definition of a family member who has retained the right of
residence). See assessing family relationship for the relevant evidence of that.
If you read this carefully you should find what requirements you need to meet and what documents to submit after they completed 5 years of residence.
All advice comes from personal research and experience and should not be regarded as professional opinion.
