Third-Country National Spouses' Rights In The Event Of A Divorce Or Death Of EU Citizen

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Retention of the right of residence by family members in the event of death or departure of the Union citizen...
Cyprus Family and Matrimonial
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Retention of the right of residence by family members in the event of death or departure of the Union citizen:

  • In case of the Union citizen's death or departure from the Republic shall not affect the right of residence of his/her family members who are not nationals of a Member State. Third country nationals who are family of the EU national can keep their right of residence exclusively on a personal basis. In case of death, the Death certificate of the European citizen must be presented. If it's issued in a foreign country, it must be duly certified and translated. Furthermore, additional documents should be provided for the purpose of proving the cohabitation of the applicant with the European citizen for a period of at least one (1) year in the Republic. Proving documents for the cohabitation can include a joint bank account, a joint rental document, based on the jointly declared address, a utility bill in the name of the European citizen and one in the name of the spouse.
  • The EU citizen's departure from the Republic or his/her death shall not mean loss of the right of residence of their children or of the parent who has actual custody of the children, irrespective of nationality, if the children reside in the host Member State and are enrolled at an educational establishment, for the purpose of studying there, until the completion of their studies.

Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership.

In case of a Divorce, annulment of the Union citizen's marriage or termination of his/her civil union, will not affect the right of residence of his/her family members who are not nationals of a Member State, in the bellow cases:

  • Marriage or Civil Union has lasted at least three years, including one year in the host Member State; or
  • In case the third country national has custody of the Union citizen's children; or
  • This is warranted by particularly difficult circumstances, such as having been a victim of domestic violence, such as it is defined by the Law Regarding Violence in the Family (Prevention and Protection of Victims), while the marriage or registered partnership was subsisting; or
  • In case spouse or partner who is third country national has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.
  • Proving documents for the cohabitation can include a joint bank account, a joint rental document, based on the jointly declared address, a utility bill in the name of the European and one in the name of the spouse in the above cases.

Access to employment

Family members of Union citizens can enjoy free access to employment, including employed or self-employed activity.

A.G. Paphitis & Co LLC

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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