Post
by jajanana » Fri Feb 19, 2010 9:50 am
Article 13
Retention of the right of residence by family
members in the event of divorce, annulment
of marriage or termination of registered
partnership(1) Without prejudice to the second
subparagraph, divorce, annulment of
marriage or termination of registered
partnership, as referred to in point 2(b) of
Article 2 shall not affect the right of
residence of his/her family members who
are nationals of a Member State.
Before acquiring the right of permanent
residence, the persons concerned must
meet the conditions laid down in points a),
(b), (c) or (d) of Article 7(1).
(2) Without prejudice to the second
subparagraph, divorce, annulment of
marriage or the termination of a registered
partnership referred to in point 2(b) of
Article 2 shall not entail the loss of the
right of residence of a Union citizen’s
family members who are not nationals of a
Member State where:
(a) prior to the initiation of the divorce or
annulment proceedings or termination of
the registered partnership referred to in
point 2(b) of Article 2, the marriage or
registered partnership had lasted at least
three years, including one year in the host
Member State; or
New:
Article 13 is new.
Art 13(1) aims to clarify that Union citizens
have a residence entitlement in their own
right, which is not affected by the termination
of marriage or registered partnership.
They must however satisfy the conditions for
the exercise of the right of residence as
established by Article 7(1).
Article 13(2) creates a new right to retain the
right of residence for family members who
are third country nationals when the marriage
or registered partnership ends. Conditions for
retaining the right of residence are however
strict.
17
(b) by agreement between the spouses or the
partners referred to in point 2(b) of Article
2 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
(c) 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
(d) by agreement between the spouses r partners
referred to in point 2(b) of Article 2 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.
Before acquiring the right of permanent
residence, the right of residence of the
persons concerned shall remain subject To
o the requirement tat they are able to show
that they are workers or self- employed
persons or that they have sufficient
resources for themselves and their family
members not to become a burden on the
social assistance system of the host
Member State during their period residence
and have comprehensive sickness
insurance cover in the host Member State,
or that they are members of the family,
already constituted in the host Member
State, of a person satisfying these
requirements. “Sufficient resourcesâ€
