Do retained rights of residence apply to non-EU spouse of UK Citizens? (Surinder Singh)
Posted: Fri Apr 26, 2019 3:01 pm
My ex-wife would like to apply under retained rights of residence and according to the following 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: 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, 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.
My question is does "or had permanent residence" mean a British Citizen? (as well as someone who has permanent residence)
It seems I would not qualify as a qualified person as I was not continuously employed in the Uk but my wife was a still is working.
https://assets.publishing.service.gov.u ... 4.0ext.pdf
She entered the UK in January 2011 on an EEA family permit as we previously lived in an EU country and entered under Surinder Singh, received a Residence card of a Family Member of an EEA national May 2012 (which 'expired' in 2017. though according to EU law you automatically acquire Permanent Residence after 5 years)
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: 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, 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.
My question is does "or had permanent residence" mean a British Citizen? (as well as someone who has permanent residence)
It seems I would not qualify as a qualified person as I was not continuously employed in the Uk but my wife was a still is working.
https://assets.publishing.service.gov.u ... 4.0ext.pdf
She entered the UK in January 2011 on an EEA family permit as we previously lived in an EU country and entered under Surinder Singh, received a Residence card of a Family Member of an EEA national May 2012 (which 'expired' in 2017. though according to EU law you automatically acquire Permanent Residence after 5 years)