86ti wrote: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.