EEA Retained Right of Residence

What Are Retained Right of Residence?

Retained Rights of Residence allow non-EEA family members of EEA nationals to stay in the UK after their relationship with the EEA national has ended. This measure benefits non-EEA nationals by enabling them to live and work in the UK legally after losing their EEA citizen family member. It can apply in various challenging situations, including when:

• The EEA national has died.
• The marriage or civil partnership has legally ended (divorce, annulment, dissolution).
• The EEA national left the UK.

If you qualify for this UK immigration route, you can apply for an EU Settlement Scheme (EUSS) leave to remain. This option is for family members of citizens from the EU, Switzerland, Norway, Iceland, or Liechtenstein.

To apply for a retained right of residence, your eligible EEA family member must have been living in the UK by 31 December 2020.

Eligibility Criteria for Retained Right of Residence

The eligibility criteria for Retained Right of Residence vary based on specific circumstances. Generally, you must have lived in the UK with your EEA family member before their death, departure, or relationship breakdown.

Following the Death of an Eligible Family Member

If your EEA family member has died, you may still retain your right to live in the UK. To qualify, you must have lived with them continuously for at least one year before their death. They must also have been working or self-employed at the time they died.

If you want to apply for Retained Right of Residence after your eligible EEA family member has died, you must show you were living in the UK as their family member for at least one year before their death.

However, if your family member died because of a work-related accident or disease, the one-year residence requirement does not apply. In these cases, there is also no need to show they had lived in the UK for two years before their death.

You may also qualify if:

• You were living in the UK as their family member immediately before they died
• Your EEA family member was working or self-employed when they died
• They had lived in the UK for at least two years before their death (unless they died due to a work-related accident or disease)

Based on the Education Status of Children

Suppose a child is in school (or another educational institution) in the UK, and their EEA parent (or spouse or civil partner of the parent) has left the UK, died, or your relationship has ended. In that case, you and the child may still have the right to stay—so your child can continue their education.

To prove this, you usually need to show:

• Your child is enrolled in a UK school or college.
• You are responsible for the child’s care (if you are the parent staying with them).
• The child started their education when their EEA parent (or spouse or civil partner of the parent) was living and working in the UK.

This rule ensures that children of EEA nationals can continue their education even if family circumstances change.

After the UK, a Divorce or Dissolution

If you were married to, or in a civil partnership with, someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein, you could keep your right to live in the UK after your relationship ends.

You must show the Home Office that:

• You were living in the UK when the divorce or civil partnership dissolution happened.
• One of the following applies to you:
  • Your marriage or civil partnership lasted at least 3 years, and you both lived in the UK for at least 1 year.
  • You have custody of your ex-partner’s child.
  • You have the right to see your ex-partner’s child in the UK, and the child is under 18
  • You (or a family member) experienced challenging circumstances during the relationship, such as domestic abuse.

You can also apply if you are a family member of someone whose marriage or civil partnership ended. In this case, you must have lived in the UK when their relationship ended. You must also show you are their:

• Child or grandchild under 21
• Dependent child or grandchild over 21
• Dependent parent or grandparent

As a Victim of Domestic Violence or Abuse

Victims of domestic violence or abuse may qualify for a retained right of residence. This offers essential protection for those affected. It applies to spouses, civil partners, unmarried partners, children under 21, and dependent family members whose relationship with the EEA citizen broke down because of domestic violence or abuse.

This route often involves difficult circumstances and typically more complex cases. You will need to provide proof that the relationship ended due to domestic violence or abuse, along with evidence of your residence in the UK.

Required Documentation

To show you meet the requirements for retained rights of residence after the death of an eligible EEA family member, you need to provide:

• Your valid passport or valid national identity card
• Your deceased family member’s valid passport or ID card
• Proof of your family relationship
• Proof they were working, self-employed, or had permanent residence when they died
• Proof you lived in the UK as their family member for at least one year before they died

Additional Documentation for Specific Cases

Documents Following the Death of an Eligible Family Member

If you are applying for a retained right of residence following the death of an EEA family member, you will need to provide:

• Their death certificate.
• Proof that you and your family member were living in the UK before their death.
• Evidence of their employment or self-employment in the UK.
• Proof of the cause of death, if they died due to a work-related accident or occupational disease.

Documents When a Child Undergoing UK Education

If you are applying for a retained right of residence following the death of an EEA family member, the applicant will need to provide evidence for the child and their parent (qualified person) who has custody:

• Their death certificate.
• Proof that the child was studying in the UK then is still in education and plans to continue their studies.
• Evidence that you have custody of a child who was in education in the UK when their family member died or left. The child remains in education and plans to continue studying in the UK.

Documents for a Divorce or Dissolution of Civil Partnership

If you are applying for a retained right of residence after a divorce or dissolution, you will need to provide evidence, depending on your situation, showing that:

• The marriage or civil partnership ended through divorce, annulment, or dissolution.
• The marriage or civil partnership lasted at least 3 years, with you both living together in the UK for at least 1 year.

Documents for Victims of Domestic Violence or Abuse

If you are applying for a retained right of residence as a victim of domestic violence or abuse, you must show that:

• Proof of your marriage to the EEA citizen, such as a marriage or civil partnership certificate.
• Your family relationship has permanently broken down as a result of domestic violence or abuse.
• You were living in the UK when the relationship broke down.

Processing Times

The current processing time for a residence card based on retained rights of residence is up to 6 months. However, depending on the complexity, most applications are decided within 3 to 4 months.

Fees

There are no visa fees when applying for a Retained Right of Residence.

How to Apply for Retained Right of Residence

The retained right of residence application is completed online via the UK government website.

Step 1: Check Eligibility

You must have previously been the family member of an EEA national and meet specific conditions (e.g. marriage duration, custody of children, or domestic abuse grounds).

Step 2: Gather Documents

You will need your passport or ID, proof of your relationship to the EEA national, supporting evidence of your residence in the UK, and any documents specific to the circumstances under which you are applying.

Step 3: Start the Online Application

Register an email address to create your EU Settlement Scheme application account. This allows you to save progress and return later.

Step 4: Complete the Application Form

Provide personal details, relationship history, and eligibility evidence. Declare that all information is accurate.

Step 6: Upload Documents

Submit scanned copies of your supporting documents online.

Step 7: Provide Biometric Data

Provide your biometric information via the app or schedule and attend an appointment to provide fingerprints and a photo.

Step 8: Await a Decision

Track your application online or respond to any request for further documents. Processing times can vary.

Conditions of Stay & Benefits

As a Pre-settled Status holder with Retained Rights, you can continue living in the UK to qualify for Settled Status in future. You can come to the UK for up to 6 months if granted a Family Permit with Retained Rights. During this time, you are allowed to work or study.

After obtaining the retained right of residence, you can transition from Pre-settled Status to Settled Status by residing in the UK for five continuous years, with no more than six months of absence in any 12-month period. This continuous qualifying period is critical for your application for settled status.

Indefinite Leave to Remain

You can apply for settled status if you are granted pre-settled status and have lived in the UK for 5 years or more. This allows you to stay in the UK permanently. Settled status is the same as Indefinite Leave to Remain (ILR).

British Citizenship

After holding settled status for at least a year, you can apply for British citizenship.

Professional Assistance for EEA Retained Rights

If you need assistance understanding your eligibility for EEA Retained Rights, QC Immigration can help you navigate the complexities of UK immigration laws and processes. Our team of expert lawyers provides professional legal assistance, offers advice on providing supporting evidence, and helps improve the chances of a successful application by providing tailored guidance at every step of the process.