STEP 3: Third country (non-EU) national rights of entry/ residence in MS as family member - Change in circumstances - Family members' rights on death/departure of Union Citizen
3 important questions on STEP 3: Third country (non-EU) national rights of entry/ residence in MS as family member - Change in circumstances - Family members' rights on death/departure of Union Citizen
If the primary resident dies (i.e, the EU national worker) dies, will the non-EU national family member lose their right of residence in the MS (art. 12(2))?
A Uninon citizen's death/departure will not affect the rights of residence of their non-EU family members as long as they have resided in the host state for at least a year before the Union citizen's death and they satisfy (art. 7(1)).
Does the departure/death of a Uninon citizen affect the right of residence of their children and parent (irrespective of nationality) who has actual custody under (art. 12(3))?
Will not affect the rights of residence for children/or the parent who has actual custody (does not have to be an EU national), if the children are enrolled in school until the completion of their studies.
Explain why the non-EU spouse lost his right of residence in the host state, England, in Sandhu?
His EU national wife, who had a primary ROR, left the host state which meant the spouse did not have a secondary right to stay in the UK.
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