STEP 3: Third country (non-EU) national rights of entry/ residence in MS as family member - Change in circumstances - Right on divorce/annulment of a marriage/termination of registered partnership
3 important questions on STEP 3: Third country (non-EU) national rights of entry/ residence in MS as family member - Change in circumstances - Right on divorce/annulment of a marriage/termination of registered partnership
Will a family member who is not a national of a MS lose their ROR on divorce/annulment/termination of a registered partnership under art. 13(2)(a-d)?
Non-EU family members rights unaffected where one of the conditions are fulfilled:
- (a) the marriage/partnership must have lasted for at least 3 years, inc. 1 year in the host MS prior to divorce
- (b) non-EU spouse/partner has custody of the Union citizen's children
- (c) difficult circumstances - victim of domestic violence
- (d) Court has ordered access to minor children of the marriage/partnership
Explain why the non-EU spouse was allowed to remain in the host state in (Diatta)? Was she still considered a 'worker's spouse'?
The non-EU spouse did not lose her ROR after separating and still remained a 'worker's spouse' as the EU national remained in the host state. It is not necessary for the spouse to live in the same accommodation of the EU national.
Can returning EU-national migrant workers return to their home state with their non-EU spouse in (Surinder)? Are there any conditions to this?
Returning EU-national migrant workers are allowed to bring their non-EU spouses to their home state, as long they were returning from the EU (cannot be from outside - i.e, international countries).
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