ความคิดเห็นที่ 1
 
This is complicated. She may need to talk to an immigration advisor if she wants a definite answer.
http://immigration-lawyer.ukresident.com/
BUT, from the information given if she has not been married for 3 years and has not been living in the UK for one year then she would lose her right of residency.
http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary
6. Retention of the right of Residence
There are now a number of circumstances in which non-EEA national family members of EEA nationals may retain their right of residence in the UK if the EEA national leaves the UK or dies or the relevant marriage or civil partnership is terminated These circumstances are set out in regulation 10 of the 2006 Regulations.
http://www.opsi.gov.uk/si/si2006/20061003.htm
http://www.opsi.gov.uk/si/si2006/20061003.htm#10
"Family member who has retained the right of residence"
10. (1) In these Regulations, "family member who has retained the right of residence" means, subject to paragraph (8), a person who satisfies the conditions in paragraph (2), (3), (4) or (5).
(2) A person satisfies the conditions in this paragraph if
(a) he was a family member of a qualified person when the qualified person died;
(b) he resided in the United Kingdom in accordance with these Regulations for at least the year immediately before the death of the qualified person; and
(c) he satisfies the condition in paragraph (6).
(3) A person satisfies the conditions in this paragraph if
(a) he is the direct descendant of
(i) a qualified person who has died;
(ii) a person who ceased to be a qualified person on ceasing to reside in the United Kingdom; or
(iii) the person who was the spouse or civil partner of the qualified person mentioned in sub-paragraph (i) when he died or is the spouse or civil partner of the person mentioned in sub-paragraph (ii); and
(b) he was attending an educational course in the United Kingdom immediately before the qualified person died or ceased to be a qualified person and continues to attend such a course.
(4) A person satisfies the conditions in this paragraph if the person is the parent with actual custody of a child who satisfies the condition in paragraph (3).
(5) A person satisfies the conditions in this paragraph if
(a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;
(b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination;
(c) he satisfies the condition in paragraph (6); and
(d) either
(i) 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;
(ii) the former spouse or civil partner of the qualified person has custody of a child of the qualified person;
(iii) the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom; or
(iv) the continued right of residence in the United Kingdom of the person is warranted by particularly difficult circumstances, such as he or another family member having been a victim of domestic violence while the marriage or civil partnership was subsisting.
(6) The condition in this paragraph is that the person
(a) is not an EEA national but would, if he were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or
(b) is the family member of a person who falls within paragraph (a).
(7) In this regulation, "educational course" means a course within the scope of Article 12 of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers[10].
(8) A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case may be, and a family member who has retained the right of residence shall cease to have that status on acquiring a permanent right of residence under regulation 15.
http://www.kevinboone.com/lawglos_EURightsOfResidence.html
Rights of residence, and of permanent residence, apply to the worker's family to the same extent as to the worker, but the ECJ has made it clear that the rights of the family are derivative -- an ex-spouse of a worker would lose any residence rights that derived from the relationship with the worker (but see below).
Finally, a note on Art. 18 and the general right of residence it envisages. It has been accepted until recently that the rights of a worker's family are derivative, not independent rights. A worker's children, for example, on reaching the age of 21 cease to derive a right of residence from their parents. Similarly, the ex-spouse of a worker would be expected to lose any residence rights that derived from the marriage relationship.
Art. 18 creates a general right of residence, but subject to limitations created by the Treaty. It has usually been assumed that Art. 18 has very little scope for action, because most forms of residence rights have already been the subject of legislation. However, in the case of BaumbastAndR2001, the ECJ held that any person who was a `citizen of the Union' was entitled to rely on the rights granted under the Treaty, and this included the right under Art. 18. Since being a citizen did not entail any particular economic or employment status, this meant that the right under Art. 18 was a free-standing right, available to all EU nationals. The ECJ conceded that a member state was entitled to impose limitations on the right of residence, such as an obligation to ensure financial self-sufficiency, but these must be proportionate.
Best wishes.
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genf  
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13 ธ.ค. 51 01:54:52
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