A non EEA national can still count as a family member for these purposes even if they are no longer their family member so long as:
- they were continuously resident in the UK by 31st December 2020 when their marriage or civil partnership ends;
- they were resident in the UK when it ended;
(a) The marriage or civil partnership had lasted for at least 3 years and both members had been continuously resident
(b) They have custody of a child of the EEA national;
(c) They have right of access to a child of the EEA national, where the child is under 18 and where a court has ordered that such access must take place in the UK;
(d) Their continued right of residence in the UK is "warranted by particularly difficult circumstances" (eg domestic violence or abuse) during the marriage or civil partnership.
Halima, Somali, divorced her husband Axram (who has a Dutch passport) in July 2020, following years of sustained abuse. They had been married for 6 years and been living in the UK for 5. Halima's family in Somalia have cut off all ties, Halima is rebuilding her life with a good support network in the UK so does not want to leave. She will retain her rights as a family member of an EEA national and will be eligible to apply for settled status.