Section 114. Right of residence for more than three months for family members and other foreign nationals who are not EEA nationals

The provisions of section 113, first and second paragraphs, apply correspondingly to foreign nationals who are not EEA nationals if they are family members of an EEA national with a right of residence under section 112, first paragraph, (a), (b) or (c), or if they are spouses, cohabitants or dependent children under the age of 21 who accompany or are reunited with an EEA national with a right of residence under section 112, first paragraph, (d).

A foreign national as mentioned in section 110, fourth paragraph, has a right of residence for more than three months provided that this occurs as part of the provision of a service or is necessary for the establishment of a business in the realm. The King may issue regulations containing further provisions.

In the event of the EEA national’s death, a family member who is not an EEA national retains the right of residence if the person in question has resided in the realm as a family member for one year prior to the death and fulfils the conditions in section 112, first paragraph, (a), (b) or (c), or resides in the realm as a family member of a person who fulfils the conditions in section 112, first paragraph, (a), (b) or (c). In the event of the exit from the realm or death of an EEA national, any child of the EEA national and the person who has parental responsibility retain the right of residence in any event, for as long as the child is enrolled at an approved educational institution.

In the event of divorce or cessation of cohabitation, the EEA national’s family members who are not EEA nationals retain the right of residence for as long as they themselves fulfil the conditions in section 112, first paragraph, (a), (b) or (c), or are a family member of a person who fulfils the conditions in section 112, first paragraph, (a), (b) or (c), provided that

a.
at the time of separation, the marriage had lasted three years, including one year in the realm,
b.
parental responsibility for children of the EEA national has been transferred to the spouse who is not an EEA national under an agreement or judgment,
c.
the spouse who is not an EEA national, or any children, have been exposed to violence or other serious abuse in the marriage, or
d.
the spouse who is not an EEA national exercises visitation with children in the realm under an agreement or judgment.

The King may issue regulations containing further provisions on a continued right of residence for persons with parental responsibility or visitation rights as mentioned in the third and fourth paragraphs, and in the event of cessation of cohabitation under the fourth paragraph.