Retained Right of Residence Visas

The Immigration (European Economic Area) Regulations 2016 allows certain family members of EU, EEA or Swiss nationals who are already living in the UK to retain their right of residence in certain circumstances. This includes, but not limited to, where the EU, EEA or Swiss sponsor dies, leaves the UK or gets divorced with their partner or spouse. This is called a ‘retained right of residence.

Retained rights of residence: eligibility Criteria. 

The applicant can apply for an EU Settlement Scheme family permit if they previously had a right to reside in the UK as either:

  • as the family member of an EU, EAA, Swiss citizen 

  • from living in the EU, EEA or Switzerland with a British citizen. 

A family member may have a retained right of residence in the following circumstances:

  • Their EU, EEA or Swiss family members died 

  • they had a child with EU, EEA or Swiss sponsor, who died or left the UK, and the child is in education in the UK

  • They are the child of EU, EEA or Swiss sponsors who died or left the UK, and they are in education in the UK

  • The EU, EEA or Swiss sponsor divorced them or a member of their family 

  • the relationship has broken down because of domestic abuse or violence 

Additional requirement for non-EEA nationals to apply for retained rights of residence:

Under regulations 10(6), the non-EEA national must be either a worker, self-employed person or self-sufficient person. Non-EEA students and job seekers do not qualify for a retained right of residence.

Necessary documents to apply for retained rights of residence: 

The applicant must provide the family member’s valid, passport, evidence of their relationship (for example a marriage certificate, civil partnership certificate or birth certificate).

Retained rights of residence: Conditions of Stay. 

The EUSS family permit allows its holders to come and go from the UK as many times as they want. They can also work and study in the UK without immigration restrictions. The EEA family permit can be used only until 30 June 2021, even if the expiry date on it is later.

How to Apply a Retained Right of Residence, Fees and Processing Time.

The application is submitted online. It is free to apply. The decision is made within 15-30 working days.

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