Retained rights of residence are covered by Regulation 10(5) of the EEA Regulations 2016, with Article 13(2) of the Citizenship Directive stating that: “divorce, annulment of marriage or termination […] shall entail the loss of the right of residence of a Union citizen’s family members who are not nationals of the Member State”. The guidance says that a non-EEA national spouse of an EEA national can retain a right of residence after their relationship ends. The family members of the former spouse may retain the right of residence too.
Invoking retained rights post-Brexit
It remains to be seen how these cases will be resolved after Brexit as the wording has not been amended, so the Home Office may continue to apply the more limited definition in Regulation 10(5). A refusal may be challengeable under EU law, and Article 10(1)(f) of the Withdrawal Agreement.
Potential pitfalls
The way Regulation 10(5) is drafted means challenges may not be accepted by the Home Office in the first instance. Also, as time passes, the non-EEA spouse may now be a British citizen.
Immigration Solicitors Oldham, Rochdale and Manchester
If you have any questions about the issues raised in this article and need the help of Manchester Immigration solicitors, Rochdale immigration solicitors or Oldham immigration solicitors then contact Scarsdale Solicitors Oldham, Scarsdale Solicitors Manchester or Scarsdale Solicitors Rochdale us on 0161 660 6050 for further advice.
