Retained Rights of Residence
What are retained rights of residence?
The European Economic Area Regulations 2006 , allows for a dependent of an EEA national to apply for an EEA family permit if they previously had a right to reside in the UK as the family member of an EEA national who either had permanent right of residence in the UK or was a qualified person and was exercising his or her treaty rights in the UK.
In order to make a successful application you will need to meet with the eligibility requirements listed below, please contact us for initial assessment to determine your eligibility and to discuss the options available to you.
Who can apply for retained rights of residence?
You could have a retained right of residence if you meet with the criteria listed below:
Divorce or end of civil partnership to an EEA national
Can I apply for retained rights of residence after divorcing an EEA national ?
Yes, providing you can meet with the criteria listed below:
- the marriage or civil partnership last for a minimum 3 years; and
- during those 3 years, the couple lived together for at least 1 of those years; and
- the EEA national should be exercising their EU treaty rights at the time of application.
- the couple will need to have been divorced at the time of application and the EEA national must continue to exercise their treaty rights
In order to successfully meet with the criteria listed above you will need to provide documentation which demonstrates that the EEA national was exercising his treaty rights, i.e. working or studying full-time. It may be very difficult to obtain such documentation if you are estranged or not on good terms with your ex partners. In such cases it may still be possible to retain residence if you can demonstrate exceptional and compelling circumstances, although this will be much more difficult to accomplish.
Death of the EEA national
If the EEA national has died, a non EEA family member can retain the right to live in the UK if they had been living in the UK for at least the year prior to the EEA national’s death. In order to benefit from this provision the non-EEA national must themselves be employed, self-employed or self-sufficient in.
Custody of children of EEA national
If the former non-EEA national spouse or civil partner of an EEA national has custody or a right of access to a child they have had with the EEA national, they may be entitled to apply for retained rights of residence on this basis.
Permanent Residence under retained rights of residence
A non-EEA national may be entitled to permanent residence once they have completed a total of five years of lawful residence in the UK. This may include any periods of continuous lawful residence acquired under the EEA Regulations prior to the grant of the residence permit, based on a Retained Right of Residence.
How can Vincent Solicitors help?
At Vincent Solicitors our specialist immigration solicitors provide a sympathetic and understanding approach during these difficult times. We can provide you with a consultation to ascertain whether you are able to meet with the retained rights of residence visa requirements. Thereafter we can assist with the preparation of the application, the collation of supporting documentation and drafting representations to submit to the UKVI on your behalf.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in instalments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation.