Hi Leet,

Below is Article 13 of EU Laws regarding residence. This section deals with annulments, divorce and separation. Hope it helps.

Article 13

Retention of the right of residence by family members in the event
of divorce, annulment of marriage or termination of registered partnership


1. Without prejudice to the second subparagraph, divorce, annulment of the Union citizen's marriage or termination of his/her registered partnership, as referred to in point 2(b) of Article 2 shall not affect the right of residence of his/her family members who are nationals of a Member State.

Before acquiring the right of permanent residence, the persons concerned must meet the conditions laid down in points (a), (b), (c) or (d) of Article 7(1).

2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:

(a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or

(b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen's children; or

(c) this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or

(d) by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.

Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. "Sufficient resources" shall be as defined in Article 8(4).

Such family members shall retain their right of residence exclusively on a personal basis.

 

Can my family lose their right to stay in the UK?
Your family could lose their right of residence in the UK if:

you no longer have the right of residence in the UK
you leave the UK permanently, or
you are not working in the UK and you cannot live in the UK without getting help from public funds.

Your husband or wife may also lose the right to stay in the UK if you are divorced.

 

From what I know and understand, EU Immigration regulations supercede UK immigration laws. I may be wrong.

The EU regulations on departure are:

2. Without prejudice to the second subparagraph of paragraph 1, the Union citizen's death or departure shall not entail loss of the right of residence of his/her family members who are not nationals of a Member State and who have been residing in the host Member State as family members for at least one year before the Union citizen's death or departure.

From that I understand that even if the EU citizen leaves, it does not mean the non EU citizen cannot remain.

Leet, I suggest you get yourself an immigration lawyer, well versed in EU laws.

 

Yes,it does in this case.

It would not mean that in all the cases he/she would be given the right of residence.It all depends on persons individual circumstances.IND have the right to deny ones residence .
In his case ,residence would probably be granted.