Press Release: A national of a third country who is married to an EU citizen residing in a Member State other than the citizen’s own State can no longer enjoy a right of residence in that State where the EU citizen leaves that State before the commencement of divorce proceedings

EU citizen must reside in the host Member State, in accordance with Article 7(1) of the directive, up to the date on which divorce proceedings are commenced.

Consequently, if before the start of those proceedings the EU citizen leaves the host Member State in which his or her foreign spouse resides, the spouse’s right of
residence in that State cannot be retained under Article 13(2) of the directive.