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When do I become not a family member of EEA national?

Posted: Tue May 15, 2018 5:49 pm
by Dark79
Hi,

Hope someone can answer this , I'm married with 2 kids both (German and British) my wife is German I have a PR and I am non-EEA national.

We are separating (friendly way )my questions are:

1- Do i stop being a family member if we both live separate but no legal divorce yet?

2- Does living separate means we legally separated or do i need a court order for that?

3- if i stay legally married but living separate after Brexit do I still count as a family member of an EEA national so i can apply for whatever Brexit come up with for EEA nationals living in UK?

4- this is may be a hard one to answer now knowing no clear indication of what will happen to ex family members (PR holders ) of EEA national after Brexit, lets say we legally divorce and my naturalisation got rejected what are my options after Brexit?

Thanks for your help in advance.

Re: When do I become not a family member of EEA national?

Posted: Tue May 15, 2018 8:19 pm
by Mugen
Dark79 wrote:
Tue May 15, 2018 5:49 pm
I have a PR and I am non-EEA national.
If you have permanent residence - what are you worried about?

Re: When do I become not a family member of EEA national?

Posted: Tue May 15, 2018 9:56 pm
by Dark79
Mugen wrote:
Tue May 15, 2018 8:19 pm
Dark79 wrote:
Tue May 15, 2018 5:49 pm
I have a PR and I am non-EEA national.
If you have permanent residence - what are you worried about?
Because I am unsure of what will happen after Brexit all the talks is about EEA nationals and their family nothing about ex family members

Re: When do I become not a family member of EEA national?

Posted: Tue May 15, 2018 11:40 pm
by Mugen
I would be surprised if divorced individuals with PR won't be able to acquire "settled status" in the future, as they got their PR as family members of EEA nationals.
In my opinion you will be alright.

Re: When do I become not a family member of EEA national?

Posted: Wed May 16, 2018 12:01 am
by Dark79
Mugen wrote:
Tue May 15, 2018 11:40 pm
I would be surprised if divorced individuals with PR won't be able to acquire "settled status" in the future, as they got their PR as family members of EEA nationals.
In my opinion you will be alright.
Thanks for your reply it’s assuring - I have a consultation with my lawyer tomorrow just to make sure everything will be fine in case she decides to cause issues for me

Re: When do I become not a family member of EEA national?

Posted: Wed May 16, 2018 8:38 am
by Mugen
Keep us updated!

Re: When do I become not a family member of EEA national?

Posted: Wed May 16, 2018 11:54 pm
by Richard W
I think the agreement is ambiguous, and some of the definitions are circular. I can read the agreement as implying that a non-EU spouse would cease to be covered by the treaty as soon as they divorced their EU spouse. It is noteworthy that nothing in the treaty covers the Norwegians and Swiss and their families - that has to be a matter for separate negotiations! These separate negotiations have actually started.