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by goodfellow1 » Sat Aug 01, 2009 12:12 pm
In the event of divorce, annulment of marriage or termination of registered partnership (European Union)
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in the event of death or departure of the Union citizen in the event of divorce, annulment of marriage or termination of registered partnership
Retention of the right of residence by family members who are Union citizens themselves in the event of divorce, annulment of marriage or termination of registered partnership
PROTECTION PROVIDED BY COMMUNITY LAW
WHAT YOU NEED TO KNOW
REFERENCES
Retention of the right of residence by family members who are not Union citizens themselves in the event of divorce, annulment of marriage or termination of registered partnership
PROTECTION PROVIDED BY COMMUNITY LAW
WHAT YOU NEED TO KNOW
REFERENCES
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Retention of the right of residence by family members who are Union citizens themselves in the event of divorce, annulment of marriage or termination of registered partnership
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PROTECTION PROVIDED BY COMMUNITY LAW
Every person holding the nationality of a Member State is a citizen of the Union.
This status confers on you a primary and individual right to move and reside freely within the territory of the Member States, subject to certain limitations and conditions laid down in Community legislation.
Regardless of the fact that you could also directly in your own capacity benefit from provisions on Union citizenship which confer on you a primary and individual right to move and reside freely within the territory of the Member States, you have decided to derive your right of residence from your status as the family member of a Union citizen who meets the conditions of the right of residence.
Thanks to this decision, you have the right of residence for more than three months in the host Member State as long as the Union citizen from whom you derive your right has such right of residence. For specific cases of the Union citizen’s right of residence, please consult the appropriate fact sheet.
Community legislation protects your right of residence also in case when you no longer can derive your right of residence from the Union citizen as the link between you was terminated in the event of divorce, annulment of marriage or termination of registered partnership.
The termination of the family link with the Union citizen should not affect your right of residence provided that you meet the conditions of the right of residence in your own capacity (i.e. you can be considered as a worker, a self-employed person, a student …) or provided that you are family member of a person who meets the above conditions.
If the above requirements are met, you continue to enjoy the right of residence in the host Member State. You are not required to report this to the national authorities or apply for new registration certificate.
For details of your right of residence in your own capacity, please consult the relevant fact sheet.
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WHAT YOU NEED TO KNOW
The national authorities may not:
require you to report the changes;
require you to apply for new registration certificate.
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REFERENCES
Directive 2004/38/EC, Official Journal L 158, 30 April 2004
Please note that should the host Member States fail to transpose the provisions of the Directive correctly or on time, they are directly applicable. As a result of that, you can rely on them against any national provisions, which are incompatible with them.
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Retention of the right of residence by family members who are not Union citizens themselves in the event of divorce, annulment of marriage or termination of registered partnership
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PROTECTION PROVIDED BY COMMUNITY LAW
Your right of residence for more than three months in the host Member State is dependent on the right of residence of the Union citizen from whom you derive your right. You can reside in the host Member State as long as you can be considered as family member of a Union citizen with the right of residence there[1].
Community legislation protects your right of residence also in case when you no longer can derive your right of residence from the Union citizen as the link between you was terminated in the event of divorce, annulment of marriage or termination of registered partnership.
The termination of the family link with the Union citizen should not affect your right of residence provided that you meet the conditions of the right of residence in your own capacity (i.e. you are able to show that you are a worker or a self-employed person or that you have sufficient resources for yourself and your family members not to become a burden on the social assistance system of the host Member State during their residence and have comprehensive sickness insurance cover there) or provided that you are family member of a person who meets the above conditions.
In addition, you must meet at least one of the following conditions:
prior to initiation of the divorce or annulment proceedings or termination of the registered partnership, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or
by agreement between the spouses or the registered partners or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen's children; or
this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or
by agreement between the spouses or registered partners or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.
You retain the right of residence exclusively on a personal basis.
If the above requirements are met, you continue to enjoy the right of residence in the host Member State.
For details of your right of residence in your own capacity, please consult the relevant fact sheet.
