I have the following interesting scenario, which I have never come fully (non-EEA parents) across before.
I invite you to share your opinion(s).
The client is a non-EEA national married to an EEA national and they have 2 EEA national children.
The family came into the UK in 2018 and were issued EEA Residence documents on the basis of SEF-SUFFICIENCY.
In 2019 the client, the husband and the children were issued with PSS (relying on SELF-SUFFICIENCY).
In November 2020 the CLIENT’S non-EEA national parents joined the family in the UK and were duly issued with PSS. Again, the family has been relying on SELF-SUFFICIENCY to-date.
The client has been married well in excess of 3 years and has lived in the UK since 2018.
The client is now in the process of divorcing the EEA spouse. The divorce will be finalized at some point in 2022.
The client is a non-EEA family member, so are the client’s non-EEA national parents under the Appendix EU.
Under the Appendix EU the client can retain her right of residence following the divorce from the EEA national spouse.
Yet I am not sure about the client’s parents if they themselves can retained the right of residence following the client’s (their daughter) divorce from the EEA national spouse ?
> Can the client’s parents also retain the right of residence following the client’s divorce from the EEA national spouse ?
Page 89 of the current EUSS Caseworker Guidance states that:
“Or that all the following are met:
– the applicant is an EEA or non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of the marriage or civil partnership of that relevant EEA citizen – and, for these purposes, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen, they will be deemed to have remained a relevant EEA citizen until that termination
– the applicant was resident in the UK at the date of the termination of the marriage or civil partnership
• the applicant meets one of the following:
– prior to the initiation of the proceedings for the termination of the marriage or civil partnership, the marriage or civil partnership had lasted for at least 3 years and during its duration the parties to the marriage or civil partnership had been resident in the UK for a continuous qualifying period of at least one year which began before the specified date”
It seems that the above provision also covers the client’s non-EEA national parents in case the client divorces her EEA national spouse, right ?
If the above is correct, then do the non-EEA national parents also need to reside in the UK for at least 1 year before the client’s divorce from the EEA national spouse ?
Any input is appreciated.
My understanding is that your client and her parents have presettled status. If they do, then it doesn’t matter whether she divorces or not. The status under the EU settlement scheme cannot be revoked as the right to reside could under EU law. Hope this helps.
Thank you, Mrmaf.