The family member can retain their rights as a family member - and so be eligible to apply to the EU Settlement Scheme - if they were in a civil partnership or marriage which has ended.
These are the conditions:
- 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
- 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,
- they have custody of the EEA National’s child,
- they have been given right of access in the UK to the EEA National’s child - the child must be under 18,
- 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 - and so be eligible to apply to the EU Settlement Scheme - 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 and
- that relationship broke down permanently as a result of domestic violence or abuse, and
- their continued right of residence in the UK is warranted where they (or another family member) has been a victim of domestic violence or abuse before the relevant family relationship broke down permanently.
- 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