Retention of the right of residence by family members

[Ahmedd]

Hi guys,

I hope u r doing very well.

Just for you to get an idea on my case:

- I am a non-eea citizen

- I have been married to an EEA citizen for 2 years and 8 months so far

- My EEA spouse is living in the UK since January 2013 (From Jan 2013 to Jun 2013 > doing a training under Erasmus Programme in the UK and she was receiving a bursary from her country and had +15K euros in her bank account (in her country), then from September 2013 to January 2014 > Jobseeker (registered with Jobcenter and receiving jobseeker allowances), Then from January 2014 to June 2014 > employed (applied for Registration certificate in June 2014 and she got it), then from Sep 2014 to July 2015 self employed, then from Aug 2015 to Present > employed).

- My wife is planning on leaving the UK within 6 months to work in Spain

I have some questions please if anyone of you can help:

- In case she leaves the UK once we have completed 3 years of marriage will I lose my right of residence? is there a way to retain the right of residence?

-In case of a divorce if that's necessary does she have to keep working in the UK until the divorce is finalised?

Any suggestions regarding the best way to retain the right of residence in the UK please? and is there an option for her to get permanent residence if she is working in another EEA state?

thanks very much guys, i will really appreciate if you can help with this matter.

[wegiwegi]

You already asked the same on the 25th, please wait patiently till someone reply, do not post the same question day after day.

[secret.simon]

To retain right of residence, the following conditions must be met.

a) The relationship must be at an end (by a divorce, annulment or dissolution).
b) The EEA national must have been either a qualified person or a permanent resident at the time of the end of the relationship.
c) The two parties must have been married for at least three years, at least one of which must have been in the UK.

See Regulation 10(5).

- In case she leaves the UK once we have completed 3 years of marriage will I lose my right of residence?

If she leaves the UK without a divorce, then yes, your right to reside in the UK is at an end. You do not have an individual right of residence in the UK at the moment, you are a part of the EEA national's right to have their family with them wherever they are in the EEA.

-In case of a divorce if that's necessary does she have to keep working in the UK until the divorce is finalised?

She needs to be either a permanent resident or a qualified person in the UK at the time of termination of marriage (finalisation of divorce), either by working or by being a self-sufficient person with private health insurance.

[too old]

response posted by secret simon has hit the nail on top. this is it all in a nut shell

Thanks

Wasim