Post
by jajanana » Fri Feb 19, 2010 12:04 pm
Article 13 OF THE DIRECTIVE 2004/38/EC
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
(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 the requirement that 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€