Article 5 of the 2004/EC Directive stated that union citizenship provided for free movement and residence rights on every citizen.
This right extends to family members of union citizens.
Article 5 of the Directive states – The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality.
If a person has obtained a residence card, subsequently got divorced, there is provision for a retention of the right if certain conditions are met at S.10 of the Free Movement of Person Regulations 2015.
It is assessed on an individual basis. The marriage must have lasted three years, with one of those in the state, for example.
The facts with respect to the union citizen and the family member will have to be assessed with respect to retention permission.
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