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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 - 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
    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
 - 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
 
What if the family membership ended because of domestic violence or abuse?
In order to continue to count s a family member - and so be able to apply to the EU Settlement Scheme - heir 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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