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Hi All,
Background:
I am currently an EEA extended family member with retained rights. My 5 years on this status is due in late 2019.
I have never been married and now I am planning to get married to a non-EEA member.
I understand that the HO says that a person who has retained rights after divorcing an EEA member and retains rights, cannot sponsor a Non-EEA member but my case is different in a sense that I am an extended family member with retained rights and never got married.

Question:
If I marry a non-EEA member, can I sponsor her?

Thanks,

Not until you have settled status (PR).

What was your relationship to the EEA citizen?

EFMs cannot sponsor their family members either. The only person who can sponsor family members under the EEA route is the EEA citizen himself/herself (or their spouse).

Were you to marry a non-EEA spouse, she would need to be dependent on the EEA citizen or be a member of his/her household in either the country of origin or the member-State from where they moved to the UK together.

I suggest that you wait until you acquire PR. Even then, you can only sponsor your non-EEA spouse under the much tougher UK Immigration Rules and not the EEA Regulations, as you would still not be an EEA citizen yourself.

Thanks for replying.
She was my sister in law. Now my brother and her are divorced.
I can understand that there is no route for EEA but I was wondering if I can find a way in UK immigration...

I would wait for others, particularly Obie, to comment, but I do not think you currently have a right of residence in the UK under the EEA Regulations.

Only the spouse of the EEA citizen can retain the right of residence after divorce.

Regulation 10 of the EEA Regulations - Family member who has retained the right of residence wrote:(5) The condition in this paragraph is that the person (“A”)—
(a) ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A; ...

The person who retained the right of residence in this case (A) would be your brother, who ceased to be a family member of an EEA citizen due to his divorce.

Your brother cannot sponsor any of his/her family members under the EEA Regulations. Therefore, when your brother divorced his EEA citizen wife, you ceased to have any right of residence in the UK.

A Residence Card does not give you any right to reside and is invalid if the right to reside under the EEA Regulations ceases otherwise.

Yes you are right but I have retained the rights of extended family member. After their divorse, I sent an application to HO for the retention of rights and got approved so, The residence card is not invalid...

Casa wrote: ↑

Sat Nov 25, 2017 10:03 pm

Not until you have settled status (PR).

Settled status also includes ILR under the UK Immigration Rules. You are unable to sponsor a spouse until you have obtained PR or ILR.

Thank you Casa and Secret Simon. Really appreciate you guys taking time out to write these responses.
Cheers

Hello mate,

I need a guidance on how you applied for retained rights after your brother have divorced the EEA national because I have got the same RC in 2014 and brother divorce his wife in 2016 and RC due to expire late 2019.

I would appreciate your prompt response.

Warm Regards

Ss2008 wrote: ↑

Sat Nov 25, 2017 9:49 pm

Hi All,
Background:
I am currently an EEA extended family member with retained rights. My 5 years on this status is due in late 2019.
I have never been married and now I am planning to get married to a non-EEA member.
I understand that the HO says that a person who has retained rights after divorcing an EEA member and retains rights, cannot sponsor a Non-EEA member but my case is different in a sense that I am an extended family member with retained rights and never got married.

Question:
If I marry a non-EEA member, can I sponsor her?

Thanks,

secret.simon wrote: ↑

Sun Nov 26, 2017 3:51 am

Only the spouse of the EEA citizen can retain the right of residence after divorce.

Regulation 10 of the EEA Regulations - Family member who has retained the right of residence wrote:(5) The condition in this paragraph is that the person (“A”)—
(a) ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A; ...

The person who retained the right of residence in this case (A) would be your brother, who ceased to be a family member of an EEA citizen due to his divorce.

As I commented when this rewording came in, the wording appears to be a blunder. Now, if this wording is intentional, then, assuming the divorce in 2016 preceded the coming into force of the new regulations, then the regulation would also have stripped any minor children of the brother from a previous relationship of their retained rights. The relevant piece of superior legislation is Directive 2004/38/EC Article 4(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:

(I've omitted the conditions, which we presume are satisfied.)

Regulation 10(5) is ultra vires; presumably the rough equivalent in the EEA Regulations 2006 still stands. One should not assume that the EEA Regulations 2016 are the law of the land.

Regulation 10 cannot be read in the way you proposed.

Not only the spouse that cease from being a family member of a qualified person on termination of a marriage, but a dependent family member of the spouse of the EEA national spouse or the direct descendant or the EEA national. Even an extended family member can so qualify, as they will cease from being a family member under regulation on termination of the marriage to the EEA national.

Therefore that provision has a more extensive scope that envisage.

Hi all,

Thanks for the reply. Can I apply for the retention of residence after my brother divorce with his wife.

Please I need advice and guideline.

Cheers