Precarious Welfare: Family and Extended Family Members' ‘Right to Reside', Support, and Work

Consideration is given in this article to the difficulties that can face the family and extended family members of nationals from EU/European Economic Area countries when they reside in the United Kingdom and try to assert social rights based on EU residence rights and the UK's 'right to reside' requirements. In EU Law the concept of a family member embraces individuals who may or may not be EU citizens - for example spouses and partners of EU nationals who are from outside the EU. Among other things, the article examines the position of non-EU nationals who, after separation and divorce, may need to rely on EU legislation that caters for 'retention' of a right to reside, or the acquisition of a 'derived' right to reside following European Court of Justice cases like Ibrahim and Teixeira. Consideration is also given to the developing regime that governs the acquisition of 'residence' by unmarried couples and same-sex couples based on the concept of a 'durable relationship'.