38Likewise, by referring to Articles 12(2) and 13(2) of Directive 2004/38, Article 18 of that directive defines the right of permanent residence which it establishes, since, first, that right of residence is available only to the family members of a Union citizen who are not nationals of a Member State and whose right of residence is retained in the event of the death of that citizen or in the event of divorce, annulment of marriage or termination of a registered partnership and, secondly, that right of residence is subject to the condition that the persons concerned can themselves demonstrate, before acquiring a right of permanent residence, that they satisfy the same conditions as those specified in Article 7(1)(a),(b) or (d) of Directive 2004/38.
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