You are eligible to apply for a retained right of residence only if your marriage, civil partnership, or family relationship has ended, or if the family member you depended on has passed away. Additionally, you must have lived in the UK for at least one year before your death. This visa allows you to reside in the UK independently and paves the way for you to apply for permanent residency in the future.
Need retained rights of residence guidance? Call us now at 02033939272. Our Immigration lawyers are available to assist you online, by phone, or in person.
The sponsoring EEA national’s right to remain in the UK is known as retained right of residence, and it allows certain family members to continue living there in the event of the sponsor’s death, departure from the UK, divorce, or dissolution of their relationship. An EU Settlement Scheme (EUSS) family permit is available to those who qualify for this immigration option.
Family members of EU, Swiss, Norwegian, Icelandic, or Liechtensteinese nationals are eligible for EUSS family permits. In order to apply for retained rights of residence, your family member from the European Economic Area must have been a UK resident by 31st December 2020.
You can visit the UK for a maximum of six months with your EUSS family permit. Feel free to work or study during this time. If you want to stay longer, you can apply for permanent residency through the EU Settlement Scheme (further details below).
If you are not from the EEA (the EU, Switzerland, Norway, Iceland, or Liechtenstein) and any of the following have happened, you may have the right to stay in your home country:
To be qualified for having “retained rights of residence,” a person needs to have gone through the following situations:
If you were a member of an EU citizen’s family who passed away and you resided in the UK permanently with them for at least a year prior to their death, you may be eligible to apply for a retained right of residence. Additionally, you may apply if
If a family member died as a result of an occupational sickness or accident at work, they do not have to satisfy the condition of having lived in the UK for two years in the year before their death.
Individuals requesting retained right of residence have to show proof of death by submitting the following documents:
If you are a student in the United Kingdom and your qualifying family member is one of the following, you may apply for retained right of residence:
If applicable, a qualified individual with custody over you—your parent—may be qualified to apply.
It will be your responsibility to show that:
You can apply if someone from Switzerland, Norway, Iceland, the EU, or Liechtenstein passed away after your marriage or partnership ended because of divorce or separation.
You must be in the UK when it ends. Furthermore, one of the subsequent prerequisites needs to be fulfilled:
You may also submit an application if a family member had an eligible marriage or civil partnership that terminated while you were living in the UK. You have to be there:
As per your situation, you need to show evidence:
You’re eligible to apply if your relationship with someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein ended because of domestic violence or abuse that occurred while you were in the UK.
If you’re or were there, you’re eligible to apply:
You will need to present proof if any of the following situations describe you:
After you get divorced from your partner who is from a European country, you’ll need to submit an application for pre-settled status under the rules that allow you to keep some rights even after the breakup.
After a divorce, if you are a non-EEA family member and want to keep your right to live in the UK, you have to:
To confirm your identity, you have to provide specific supporting papers, such as:
To be qualified to apply, candidates must further include identification documentation with their first application form. This might take the following forms:
If you’re unable to submit either of these identity documents for a compelling or compassionate reason—for example, being ill or unable to obtain these documents due to national constraints resulting from the coronavirus pandemic—you might be entitled to use alternative proof of your identity and nationality.
If you can’t get the needed identity documents, you should explain why and sometimes show proof of your situation. You’ll also need to give:
Each candidate must pay £65 to apply for retained rights of residence. The application for settled/pre-settled status is open and there are no fees associated with it at the moment.
There is now a six-month processing time for a residence card that is based on maintained rights of residence. However, depending on the complexity, most applications are decided within three to four months.
In most cases, you will have the complete right to appeal if your application is rejected. When your visa application is denied on the grounds of retained rights, you have the option to file an appeal with the First-Tier Tribunal. If you need help preparing for and filing your appeal, contact one of our immigration attorneys in London.
Fill out the EEA (FM) application form. To back up your application, you’ll have to show that you qualify for the category you’re applying to.
No matter how complicated your EEA application is, our team of immigration solicitors at Rees Clayton has you covered. We are here to help with all aspects of the application process, including preliminary work, permanent residence applications, and appeals. Reach out to us immediately to discuss your application for a residence card based on retained rights.
We are frequently asked if it is feasible to obtain permanent residency after retaining the right of residence. Yes, that’s good news. You can apply for permission to stay in the UK through the EU Settlement Scheme while you’re already there with your retained right of residence EU settlement scheme family permit. The application is free of charge.
After five years of continuous residence in the UK with pre-settled status, you are eligible to apply for full settled status, which grants permanent residency. There is no difference between this and Indefinite Leave to Remain (ILR). After a year, you can apply to become a British citizen.
Dealing with immigration rules after a relationship ends can be really hard and might make you leave the UK. But there are lots of choices for people in this situation. Our immigration lawyers can make it easy to find the best solution for you and your family.
Our team of professionals can offer skilled personal assistance and counsel when handling sensitive information related to your case because they have firsthand experience with the implications of immigration rules and pathways.
For quick assistance and support with your case, give us a call at 02033939272. We can help you online, over the phone, or in person.
When a relationship ends, such as in a divorce, or for any of the other reasons mentioned above, you may be able to keep your right to remain in the area. With this, you’ll be able to live in the UK legally and seek for permanent residency at a later date.
Retaining your right to remain in the UK allows you to keep working or be self-sufficient until you get permanent residence.
The form EEA (FM) must be used to apply for a Residence Card that is based on maintained rights of residence. The form EEA (PR) must be used for applications for permanent residence based on retained rights.When will my visa expire?
A typical residency card based on retained rights is valid for five years. Once you meet the requirements, you can submit an application for settlement.
For those who remarry while on reserved rights, they will not be able to bring their new spouse or partner to the UK as a dependent. Once you have permanent residence, they’ll need to meet certain immigration requirements, such being eligible for a spouse visa to the UK.