OISC L2 Practice Question - Klaus & Cerys - with answers
The document presents an OISC Level 2 immigration practice scenario involving Klaus, a German citizen, his British‑by‑descent wife Cerys, their twin daughters, and Klaus’s teenage son Michael. After relocating to the UK, the family obtained EUSS family permits and pre‑settled status. The content explains the statutory basis for granting pre‑settled status to each family member under EEA Regulation 9(2) and related provisions, detailing how Klaus falls under category (a)(i)(aa), the twins under (a)(v), and Michael under (a)(vi). It then analyses the immigration consequences of a potential separation or divorce, outlining that the twins’ status remains unaffected, Klaus’s status persists until the marriage ends, and that he may retain a right of residence under retained‑right provisions (d)(i)–(d)(iii) if certain conditions (residence at termination, access rights to the children, custody, or a one‑year UK residence period) are met. The advice also considers Michael’s possible retained‑right options. The document serves as a model answer for exam preparation, combining legal citations with practical guidance.
Topics
Statutory Foundations for Pre‑Settled Status of Family Members
Explanation of how EUSS family permits and pre‑settled status are granted under EEA Regulation 9(2) and related criteria, including qualifying British citizen status and family‑life requirements.
Application of Specific Family‑Member Categories (a)(i)(aa), (a)(v), (a)(vi)
Mapping of Klaus, the twins, and Michael to the relevant EEA regulation sub‑categories, with justification based on marriage timing, descent, and relationship to the qualifying British citizen.
Impact of Separation or Divorce on Pre‑Settled Status
Assessment of how a marital breakdown affects the immigration status of the spouse (Klaus) and children (twins and Michael), distinguishing between immediate effects and post‑termination scenarios.
Retained Right of Residence Provisions (d)(i)–(d)(iii) as a Safeguard
Detailed discussion of the conditions under which Klaus (and potentially Michael) can retain a right of residence after divorce, including residence at termination, access rights to children, custody, and a one‑year UK residence requirement.
Practical Advice for Klaus Regarding Divorce and Immigration Status
Step‑by‑step guidance for Klaus on maintaining his right to remain in the UK, covering timing of divorce proceedings, evidence of access rights, and alternative retained‑right routes.