Family reunification rights: Keeping status e.g. on death/departure/divorce

Core family members who obtained independent status before the end of transition (31 December 2020) e.g. on death or departure of a WA beneficiary or in the case of divorce in certain circumstances have the right to retain that independent status under the WA.

There are three key situations in which such rights would have been acquired, which are explained below.

Death or departure of a UK citizen

The core family member must have originally lived with the UK citizen in the host state as an EU citizen family member and acquired before the end of the transition period an independent right to remain in the host state under Article 12 of the Free Movement Directive.

The conditions for acquisition of that independent right differ according to whether the core family member is also a UK (and thus was an EU) citizen before the end of transition or a non-EU citizen.

Generally, a core family member who is also a UK citizen must fulfil one of the following conditions: be a worker or self-employed, or self-sufficient or a self-sufficient student with comprehensive health insurance or the family member of such a person.

The conditions for a non-UK, non-EU national core family member are more stringent. Special conditions however apply where the core family members are children who are still in education in the host state and the other parent has custody of them.

Divorce from a UK citizen, annulment of marriage or termination of a civil partnership

The core family member must have lived with the UK citizen in the host state as an EU citizen family member and acquired before the end of the transition period an independent right to remain in the host state under Article 13 of the Free Movement Directive.

The conditions for acquisition of that independent right differ according to whether the core family member is also a UK (and was thus an EU) citizen before the end of transition or a non-EU citizen. If the core family member is a UK citizen, the same conditions apply as in the case of death or departure. For a non-UK, non-EU citizen core family member, the conditions are again more stringent.

Core family members with permanent residence status

Family members who have already acquired permanent residence in the host state before the end of transition can continue to hold their status. Article 10(1)(f) of the Withdrawal Agreement covers family members who acquired permanent residence under Articles 16(2), 17 and 18 of the Free Movement Directive before the end of transition.

Family members who changed status before the end of transition

Note for the avoidance of doubt that if a citizen arrived in the host state as a family member e.g. as a dependent child but became a rights holder before the end of transition as a worker or self-employed worker/self-sufficient/self-sufficient student, they will retain these rights under the WA and will also have family reunification rights of their own.

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