Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to paragraph 6 of her Department’s policy paper, Safeguarding the position of EU citizens in the UK and UK nationals in the EU, published on 26 June 2017, whether non-EU family members who are married to a disabled or terminally ill EU citizen who passes away before having accrued five years’ residence will be eligible to qualify for settled status.
The Government’s policy paper (Cm 9464), sets out the UK’s proposals for securing the rights of EU citizens and their family members. Paragraph 29 footnote 6 sets out that the definition of family member includes those with retained rights. The Free Movement Directive sets out that rights of residence can be retained by family members of an EU citizen in certain circumstances, for example, the death of the EU citizen. We will set out the details of the new scheme, including detailed eligibility criteria, in due course.