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What if they are no longer married or in a civil partnership with the EEA national?
The family member can retain their rights as a family member if they were in a civil partnership or marriage which as ended

  • their marriage or civil partnership to an EEA National ended by divorce, annulment or dissolution, AND
  • at the time they were living in the UK
    AND 
    • the marriage or civil partnership lasted for at least 3 years and they had both been living in the UK for at least one year during that time, 
      OR 
    • they have custody of the EEA National’s child,
      OR
    • they have been given right of access in the UK to the EEA National’s child - the child must be under 18,
      OR
    • they or another family member was the victim of domestic abuse in the marriage or civil partnership.

The family member can retain their rights as a family member if they were one of the following family members of the spouse or civil partner of an EEA national and 
  •  they were in the UK when the relationship was ended by divorce, dissolution or annulment.
  • The family members are:
  • dependent child over the age of 21, or
  • child, grandchild or great-grandchild under 21 years old, or
  • dependent parent, grandparent or great-grandparent, or
  • other dependent relative
 
What if the family membership ended because of domestic violence or abuse?
Their family relationship with the EEA National must have has broken down permanently because of domestic abuse or violence, and:

The family relationship must be:
  • husband, wife or civil partner
  • long-term partner (ie in a durable relationship duly attested)
  • child, grandchild or great-grandchild under 21 years old
  • dependent child over the age of 21
  • dependent parent, grandparent or great-grandparent
  • other dependent relative (strict criteria)





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