Often the death or departure of an EU citizen from the UK proves to be very tricky situation for the family members and dependents who still want to live and work in the UK. However, our experience shows that many family members and dependents are not fully aware of their rights post-death or departure of the EU national.
Death or Departure of the Union citizen
EU Family Members
Your immigration rights as a family member or dependent of a Union citizen are not affected by the death of a Union Citizen” or his/her leave from the UK provided you are either working in the UK or have sufficient funds to accommodate yourself. The most important factor you must keep in mind is that that you must not be dependent on UK’s Welfare System and must have a Comprehensive Sickness Insurance
Non-EU Family Members
If you are a non-EU national, you are entitled to live in the UK after the death or departure of the Union Citizen provided that you and the EU national (who has now left the UK or is deceased ) have lived together in the UK for at least 1 year and like EU family members you must also be in work or have sufficient resources and Comprehensive Sickness Insurance.
- Frank, Anna and family are Italian nationals living in the UK for some time, Frank decides to leave the UK or dies, Anna and the family members can still live in the UK, provided they are either in work or have sufficient resources to stay in the UK without being a burden on UK’s Social Security System.
- Georgios is an Italian national and is married to an Indian national. Both Georgios and his Indian national wife are living in the UK for the last 1 year, on the death or departure of Georgios, his wife can still live in the UK provided she is either in work or have sufficient resources to stay in the UK without being a burden on UK’s Social Security System.
The separation between EU nationals
The separation between an EU national couple or between EU national and non-EU national partner has no impact on both parties’ immigration status in the UK. Both parties can live in the UK. However, in the case of divorce, the rights are slightly different.
- Anna and Frank are separated that does not have any impact on the Citizenship Rights of both Frank and Anna. They both can live and work in the UK.
- Anna and Ravi are separated but not divorced yet and although Ravi is an Indian National he can work and live in the UK and separation has no impact on his immigration status.
The divorce between EU national husband and Wife
Divorce, annulment of marriage or termination of a registered partnership have some impact on immigration rights. If both partners are EU national, then their rights are generally unaffected provided that they are either in work or have sufficient resources to stay in the UK without being a burden on the UK’s Social Security System
Non- EU national Husband or Wife
For non-EU partners to retain their immigration rights and status the marriage or partnership must have lasted for at least 3 years including 1 year in the UK or the spouse/ partner must have the custody of his/her EU national partner’s children. In cases of special circumstances such as being a victim of domestic violence, the non-EU national partner can stay or extend his/her stay in the UK provided he/she is either working or have sufficient resources to stay in the UK without being a burden on the UK’s Social Security System.
- The family members have a right to take up employment or self-employment.
- The right of equal treatment.
- Right of permanent residence after 5 years, this right is unaffected by temporary absences of up to 6 months
- The right to a permanent residence can be lost only through absence exceeding 2 months
- Right to vote and to stand as a candidate in elections to the European Parliament and in municipal elections in the UK.
- Right to apply to the
While every effort has been made to ensure the accuracy of the information provided in this article, It does not constitute legal advice and cannot be relied upon as such. For further advice and guidance please contact our experienced Immigration lawyers for an initial consultation instantly through any device from anywhere in the world.
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