Reply To: Divorced from an EEA national

#163817
pbirks
Participant

She may get a qaulifying right to reside  depending on how long they were married and how long they had been in the uk  – eea immigration regs below

remeber the kids continue to gain a right to reside through their family member – so if Daddy is still in the UK and still working, Daddy has worker status. If he has done 5 years exercising treaty rights – he has a perm right to reside.

if that hapened BEFORE the divorce proceedings were started (not finalised) then she automatically has a perm right of residence herself , providing  they were married at least 3 years and lived in UK for at least one year.

Ukraine is not an EEA member, so she needs to go to ome Office and gt her family member residenc card updated – its  likely she'll be given leave to remain if she can demonstrate marriage to EEA worker and a period of habitual esdency in the UK

 

Hope that helps  – prisca 

 

(5) The condition in this paragraph is that the person (“A”)—

(a)ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A;

(b)was residing in the United Kingdom in accordance with these Regulations at the date of the termination;

(c)satisfies the condition in paragraph (6); and

(d)either—

  1. (i)prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

(ii)the former spouse or civil partner of the qualified person or the EEA national with a right of permanent residence has custody of a child of that qualified person or EEA national;

(iii)the former spouse or civil partner of the qualified person or the EEA national with a right of permanent residence has the right of access to a child of that qualified person or EEA national, where the child is under the age of 18 and where a court has ordered that such access must take place in the United Kingdom; or

(iv)the continued right of residence in the United Kingdom of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence whilst the marriage or civil partnership was subsisting.

(6) The condition in this paragraph is that the person—

(a)is not an EEA national but would, if the person were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or

(b)is the family member of a person who falls within paragraph (a).

(7) In this regulation, “educational course” means a course within the scope of Article 10 of Council Regulation (EU) No. 492/2011(12).

(8) A person (“P”) does not satisfy a condition in paragraph (2), (3), (4) or (5) if, at the first time P would otherwise have satisfied the relevant condition, P had a right of permanent residence under regulation 15.

(9) A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.