Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 149 (AAC)

Fecha: 30-Ene-2023

By art.13

By art.13:

“2.

Without prejudice to the second subparagraph, divorce, annulment of marriage… shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:

(a)

prior to initiation of the divorce or annulment proceedings…, the marriage…has lasted at least three years, including one year in the host Member State;

…

Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. "Sufficient resources" shall be as defined in Article 8(4).

Such family members shall retain their right of residence exclusively on personal basis.”

The relevant domestic legislation at the time was the Immigration (European Economic Area) Regulations 2016/1052.