Non eea family member right after divorce

[Abate86]

I am a non eea family member who have retained right of residence after divorced from my husband. My question is, does anyone know the actual right of non eea family member after retaining right of residence? Do they then assume the right of extended family member since they are no longer spouse or will they assume the right of eea member as an independent non eaa member? I am asking this question because there is no clear indication of what the right will be and I wanted to apply for a place in the university sep 2013, and to pay home student fee one has to be eea member or a relevant family member( spouse/children/parent). Which category will I fall in then? Has anyone here go through this same process before?

[EUsmileWEallsmile]

Have you read 2004/38/EC?

[Abate86]

@Eusmileweallsmile, I have already read it, but it doesn't answer my queries. Doesn't anyone have experience or any information about this?

[ravii]

You have same rights as you were enjoyed during your relationship.but now you are no more dependent to your former spouse EEA national.

[EUsmileWEallsmile]

Have you read 2004/38/EC?

Preamble 15 is relevant. You are a beneficiary of the directive.

You are residing under article 13; article 14 deals with right of residence, which you have; chapter 5 is very relevant to you

Provisions common to the right of residence and the right of permanent residence, etc

[Abate86]

CATEGORY 3:
European Union (EU) nationals and their family members
To be eligible under this category:

a) on the 'first day of an academic year of your course' [see Box 2], you must be:

a national of an EU country [see Box 4]; OR
the 'relevant family member' [see Box 7] of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person or as a student; OR
the 'relevant family member' [see Box 7] of a UK national;


Box 7
Relevant family members
for EU nationals (including UK nationals)

spouse or civil partner
direct descendants of the EU national, or of the EU national's spouse or civil partner, for example child/grandchild who must also be under 21 or (if 21 or over) dependent on the EU national or dependent on the EU national's spouse or civil partner
additionally, but only where the EU national is not a UK national and is self sufficient, the dependent direct ascendants of the EU national, or of the EU national's spouse/civil partner, for example, dependent parents, grandparents.


Base on the explanation above, I cant figure out where I fall in, as there is no provision for those who retained right of residence following divorce. After my divorced, I am no longer a spouse/partner of eea member and I am not a direct descendant. Can someone shed more on it, please?

[Abate86]

Correction: Can someone shed more light on it, please?

[ravii]

You retained your rights as a former spouse of an EEA national,so you are not extended family member.you retained same rights as a residence documentation holder holds.you do not have permanent residence card so it is possible that the university may charge overseas student fee it depends on universities own policy.as I explained you before that after your retaining rights you are no more dependent on your former spouse EEA national,so it means that you can stay in UK without EEA national and no body will question you about your EEA national spouse.and that's all,nothing else.if you want more satisfaction then just read rights and responsibilities of an EEA national and their non eea national partners.

[Obie]

You are a former family member who retained their right of residence. Therefore all the rights you held as family member to pursue university education is retained aswell when you cease from being a family of an EEA national.

That is the simpliest and shortest answer i can give to your question.

I am not in agreement with Ravii on the right to University support and classification as home student

[Abate86]

Thanks Obie. Which means I should be class as home student? EC law seem to very complex that it need it to be stated in black and white to some people. That question now is, how do I prove my relationship to my former spouse?

[John]

Have you asked the University for their view? That is, asked them for confirmation that home fees are payable, and see how they react?

However, and appreciating this is highly complex, unfortunately I cannot see how you qualify for home fees. Nevertheless still worth arguing the point with the university.

[Obie]

However, and appreciating this is highly complex, unfortunately I cannot see how you qualify for home fees. Nevertheless still worth arguing the point with the university.

I will respectfully request a legal justification, if i may, as to why a family member who retained there right of resident cannot qualify for home student fee, when it is something they are entitled to as a family member of an EEA national, on condition they meet the residency requirement.

I strongly believe that all things equal, such family member will retain all the rights attached to their status as former family members.

It is noteworthy, i believe, that the non discrimination clause on the directive is applicable to them also.

[EUsmileWEallsmile]

Abate86,

Something that you might not have thought about yet.

Is Permanent Residence a goal? If so, you need to comply with article 13.

Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. "Sufficient resources" shall be as defined in Article 8(4).

Maybe you know all this and will have achieved PR by 2013. I don't know your circumstances.

[Abate86]

I will need to do more investigation about this topic. From my own understand, a non eea family member who retained right of residence are treated as eea national if they are worker/self-employed/self-sufficient. So, why should they loose their right to be treated same as EU student if they meet three years residency requirement? This is a serious case which may end up in the court soon, because it will need a proper interpretation.

[Abate86]

http://www.housing-rights.info/former-f ... embers.php

[Abate86]

Hello everyone,

You guys can still remember I did asked some questions about fees status for non eea national who have retained right of residency. Even, since I have being making endless enquiries to various institutions who should know much better about this situation. The response I have got so far have been very encouraging. I will share the information I have with you guys once I finish my enquiries as I am still waiting for more replies. Meanwhile, if you have any new information you can share it as well. Also, there is new development on the three years residency requirement that will benefit non eea national who are in the UK with their eea migrant workers.

[rollingstar]

Hello everyone,

You guys can still remember I did asked some questions about fees status for non eea national who have retained right of residency. Even, since I have being making endless enquiries to various institutions who should know much better about this situation. The response I have got so far have been very encouraging. I will share the information I have with you guys once I finish my enquiries as I am still waiting for more replies. Meanwhile, if you have any new information you can share it as well. Also, there is new development on the three years residency requirement that will benefit non eea national who are in the UK with their eea migrant workers.

Hi, today i phoned EU student finance team, and i explained everything about ROR, but they failed to understand and they said they don't know anything about ROR and you cant qualify for student finance.

[Abate86]

You were just wasting your time. They dont know anything about immigration law. All you need to show are two documents; Proof of your treaty right and a valid RC. Spouse, children, ex spouse(RoR) and extended family members with a valid RC has the same right as their sponsor under EU law.

[rockford1980]

You were just wasting your time. They dont know anything about immigration law. All you need to show are two documents; Proof of your treaty right and a valid RC. Spouse, children, ex spouse(RoR) and extended family members with a valid RC has the same right as their sponsor under EU law.

Hi,
Have you figured out the issue of Home student fee payer and EU funding (Student finance) after ROR ?

[AUDIRS6]

i know this is an old post, or thread whatever you wanna call it, am in a bit of state reason being we r going through divorce with my ex and i have got one year left to finish uni, the problem is my funding for the last two years i have been at the university was granted on the basis that we are still married and as of such i had to send in my ex wife's pay slip and what note in order for the student finance to authorise payment . now i don't know what to do. does that mean i can't get the student finance any help would be appreciated

[Imshzd]

i know this is an old post, or thread whatever you wanna call it, am in a bit of state reason being we r going through divorce with my ex and i have got one year left to finish uni, the problem is my funding for the last two years i have been at the university was granted on the basis that we are still married and as of such i had to send in my ex wife's pay slip and what note in order for the student finance to authorise payment . now i don't know what to do. does that mean i can't get the student finance any help would be appreciated

Well,you have the same rights as your EEA national have,but may be your university finance department not understand your legal situation unless they ask for legal opinion.
It's best for you to ask them to continue grant you a student finance and if they refuse you then ask for a written refusal and the reason for the refusal.
If they refuse you on the basis that you are divorced or separated then this will be discrimination and you will get back your student grant with compensations in the court.(that's what I believe )