Retaining Rights after Death or Separation-Unmarried Partner

[Rolfus]

The rules are clear for a third country spouse if the EEA sponsor dies. Is an unmarried partner in the same position?

If there is a child at school, the unmarried partner can remain under an exemption in Article 12 EU Residence Directive 2004/38. But can he/she continue to have access to the labour market? The UK rules do not allow that if the parent enters directly (Zhu & Chen cases).

[86ti]

I don't think that extended family members can retain rights. I suspect that this would turn into a Chen case if the unmarried partner has obtained PR yet.

[Obie]

I don't think that extended family members can retain rights. I suspect that this would turn into a Chen case if the unmarried partner has obtained PR yet.

Once an Extended family has been issued a Residence Card or EEA family Permit, they cease from being an extended family member with limited rights, and commence being a family member by virtue of Regulation 7(3), with full community rights.

They are then covered by Article 12 (2) and (3) if they are third country national and the whole of Article 12 is they are EEA national.

They can be covered by Paragraph 3 of Article 12, if they can show they have a child by the migrant worker who was attending school whiles the migrant worker was a qualified person and the child in question continue to attend school on the departure of the migrant worker from the host member state. The primary carer, if it the Unmarried family member will be able to derive rights from the childs rights, to ensure he successfully completes his education.

However they are not covered by Article 13, or Regulation 10(5) of the EEA regulation 2006, which is only available to married couples or registered Civil Partners.

These rights are reflected in Regulations 10 of the EEA regulation 2006.

[86ti]

Ok, but does the UK see it this way?

[Obie]

7.—(1) Subject to paragraph (2), for the purposes of these Regulations the following persons
shall be treated as the family members of another person—
(a) his spouse or his civil partner;
7
(b) direct descendants of his, his spouse or his civil partner who are—
(i) under 21; or
(ii) dependants of his, his spouse or his civil partner;
(c) dependent direct relatives in his ascending line or that of his spouse or his civil partner;
(d) a person who is to be treated as the family member of that other person under paragraph
(3).
(2) A person shall not be treated under paragraph (1)(b) or (c) as the family member of a student
residing in the United Kingdom after the period of three months beginning on the date on which
the student is admitted to the United Kingdom unless—
(a) in the case of paragraph (b), the person is the dependent child of the student or of his
spouse or civil partner; or
(b) the student also falls within one of the other categories of qualified persons mentioned in
regulation 6(1).
(3) Subject to paragraph (4), a person who is an extended family member and has been issued
with an EEA family permit, a registration certificate or a residence card shall be treated as the
family member of the relevant EEA national for as long as he continues to satisfy the conditions in
regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card
has not ceased to be valid or been revoked.

(4) Where the relevant EEA national is a student, the extended family member shall only be
treated as the family member of that national under paragraph (3) if either the EEA family permit
was issued under regulation 12(2), the registration certificate was issued under regulation 16(5) or
the residence card was issued under regulation 17(4).

Except were regulations 10 specifically states the type of family member covered by it, that is, were it is stated divorced spouse or direct descendant, a family member is covered by all the provision. For simplicity, i will highlight those area were family member by virtue of Regulation 7(3) are not covered.

[quote="[Url=http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary]“Family member who has retained the right of residenceâ€

[rose25]

dear all

my current immigration status is dependent of work permit holder my husband is the main work permit holder.. we been married 3 years now we are seperated.. my question is what will be my immigration status .. we are not official divorce ..


our marriage is registered in india so do we need to get divorced in india or we can apply on uk


please advice and help

many thanks