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Questions on behalf of my friend.

He married to EU national in July 2014.
He got RC on Feb 2016.
EU National got PR in Dec 2017

Now After 3.5 years of marriage they may get divorce. In that case if EU National don't have any job during divorce period. Is it still a requirement for ROR even after having her PR.
Non-EU partner don't have PR he is still on RC.

thank you.

Anybody have information on this please?

bajajee wrote: ↑

Wed Mar 14, 2018 2:11 pm

Anybody have information on this please?

Good question. In my opinion, if you have PR, you no longer need to prove that you are exercising treaty rights. That being the case, the family member should now not have to prove that EEA partner is exercising treaty at the time of divorce. Lets wait for thoughts from the more senior members

Requirements of regulation 10(5)
A person who ceases to be the family member of an EEA national sponsor because
of a divorce, or annulment or a dissolution of civil partnership will retain a right of
residence where all the following conditions are met:
• the EEA national was a qualified person, or had permanent residence, on the
date of the termination of the marriage or civil partnership.
• the applicant was residing in the UK in accordance with the regulations at the
date of termination and either:
o the applicant is not an EEA national but if they were, they would be a worker,
self-employed person, or self-sufficient person in line with regulation 6
o the applicant is the family member of the person described in the bullet
above
• the applicant meets the requirements of either regulation 10(5)(d)(i), (ii), (iii), or
(iv) of the 2016 regulations.

Guess this addresses your question