What are Retained Rights of Residence for non-EEA family members of an EEA national
Under the EEA Regulations 2016, certain family members of EEA nationals can retained rights of residence in the UK under regulation 10, if one of the following takes place:
- The EEA national, either:
- Dies – regulation 10(2)
- Leaves the UK – regulation 10(3)
- Divorces their spouse or dissolves their civil partnership – regulation 10(5)
- The family member is the parent of a child who retains the right of residence – regulation 10(4)
The family member will retain the right to reside in these circumstances if they can satisfy the relevant conditions of regulation 10.
Retained Rights in the event of divorce
In this post, I will discuss the criteria under regulations 10(5) only where the relationship had ended in either divorce or dissolution of civil partnership.
If the relationship with the EEA national has ended the applicant must meet the following criteria:
The applicant must provide evidence that:
- Their relationship with the EEA national has been terminated
- The marriage or civil partnership lasted for at least 3 years immediately before the start of proceedings for divorce.
- The EEA national was exercising free movement rights or had a permanent residence at the time the relationship was terminated The couple resided in the UK for at least one year during the marriage.
Evidence of termination of relationship is required and following evidence will be acceptable:
- decree absolute
- decree of annulment
- certificate of dissolution
Retained Rights of Residence and domestic violence
Applicants who raise domestic violence or other difficult circumstances as a reason for the end of their relationship do not need to show evidence that the marriage or civil partnership lasted for 3 years or that the parties had resided together in the UK for at least one year during its duration.
Please note that the applicant must provide evidence and/or details of the difficult circumstances, which occurred whilst the marriage or civil partnership was subsisting, in order to qualify for this exception.
Additional Evidence required
- Valid national ID card or passport for their EEA family member issued by an EEA state.
- Applicant’s valid passport if they are a non-EEA national
- Two passport size Photographs
Position before 30 April 2006
The provision to retain a right of residence did not exist before 30 April 2006, therefore the family member will only benefit under regulation 10 if the change of circumstances happened before 30 April 2006.
Retained rights and sponsoring other non-EEA nationals
Any person who is granted retained right of residence cannot be the sponsor for another/their family member who is a non-EEA national.
If you require any further information or need help in making an application please contact our EU immigration experts on 0203 909 8399 or contact us online.
About the Author
