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When do I become not a family member of EEA national?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Dark79
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When do I become not a family member of EEA national?

Post by Dark79 » Tue May 15, 2018 5:49 pm

Hi,

Hope someone can answer this , I'm married with 2 kids both (German and British) my wife is German I have a PR and I am non-EEA national.

We are separating (friendly way )my questions are:

1- Do i stop being a family member if we both live separate but no legal divorce yet?

2- Does living separate means we legally separated or do i need a court order for that?

3- if i stay legally married but living separate after Brexit do I still count as a family member of an EEA national so i can apply for whatever Brexit come up with for EEA nationals living in UK?

4- this is may be a hard one to answer now knowing no clear indication of what will happen to ex family members (PR holders ) of EEA national after Brexit, lets say we legally divorce and my naturalisation got rejected what are my options after Brexit?

Thanks for your help in advance.

Mugen
Junior Member
Posts: 88
Joined: Sun Oct 01, 2017 5:27 pm
Ukraine

Re: When do I become not a family member of EEA national?

Post by Mugen » Tue May 15, 2018 8:19 pm

Dark79 wrote:
Tue May 15, 2018 5:49 pm
I have a PR and I am non-EEA national.
If you have permanent residence - what are you worried about?

Dark79
Newly Registered
Posts: 8
Joined: Wed Nov 22, 2017 11:56 am
Mood:
United Kingdom

Re: When do I become not a family member of EEA national?

Post by Dark79 » Tue May 15, 2018 9:56 pm

Mugen wrote:
Tue May 15, 2018 8:19 pm
Dark79 wrote:
Tue May 15, 2018 5:49 pm
I have a PR and I am non-EEA national.
If you have permanent residence - what are you worried about?
Because I am unsure of what will happen after Brexit all the talks is about EEA nationals and their family nothing about ex family members

Mugen
Junior Member
Posts: 88
Joined: Sun Oct 01, 2017 5:27 pm
Ukraine

Re: When do I become not a family member of EEA national?

Post by Mugen » Tue May 15, 2018 11:40 pm

I would be surprised if divorced individuals with PR won't be able to acquire "settled status" in the future, as they got their PR as family members of EEA nationals.
In my opinion you will be alright.

Dark79
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Posts: 8
Joined: Wed Nov 22, 2017 11:56 am
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United Kingdom

Re: When do I become not a family member of EEA national?

Post by Dark79 » Wed May 16, 2018 12:01 am

Mugen wrote:
Tue May 15, 2018 11:40 pm
I would be surprised if divorced individuals with PR won't be able to acquire "settled status" in the future, as they got their PR as family members of EEA nationals.
In my opinion you will be alright.
Thanks for your reply it’s assuring - I have a consultation with my lawyer tomorrow just to make sure everything will be fine in case she decides to cause issues for me

Mugen
Junior Member
Posts: 88
Joined: Sun Oct 01, 2017 5:27 pm
Ukraine

Re: When do I become not a family member of EEA national?

Post by Mugen » Wed May 16, 2018 8:38 am

Keep us updated!

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: When do I become not a family member of EEA national?

Post by Richard W » Wed May 16, 2018 11:54 pm

I think the agreement is ambiguous, and some of the definitions are circular. I can read the agreement as implying that a non-EU spouse would cease to be covered by the treaty as soon as they divorced their EU spouse. It is noteworthy that nothing in the treaty covers the Norwegians and Swiss and their families - that has to be a matter for separate negotiations! These separate negotiations have actually started.

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