[2023] UKUT 149 (AAC)

In these Regulations, “family member who has retained the right of residence”  means, subject to paragraphs (8) and (9), a person who satisfies a condition in paragraph (2), (3), (4) or (5).

The condition in this paragraph is that the person (“A”)—

ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A;

was residing in the United Kingdom in accordance with these Regulations at the date of the termination;

satisfies the condition in paragraph (6); and

either—

prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

The condition in this paragraph is that the person—

is not an EEA national but would, if the person were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or

is the family member of a person who falls within paragraph (a).

A person (“P”) does not satisfy a condition in paragraph (2), (3), (4) or (5) if, at the first time P would otherwise have satisfied the relevant condition, P had a right of permanent residence under regulation 15.

A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.”