Retention of Right of Residence

Retention of Right of Residence

The need of making retention of right of residence only arises in the event of termination of marriage or death of the EEA national. The EEA regulations have provided a safeguard in the form of retention of right of residence option for such non EEA spouses of EEA nationals, who are able to fulfill certain requirements to be able to retain their right of residence in the UK.

Who can apply for Retain Rights of Residence?

You could have a retained right of residence if:

– Your marriage or civil partnership to your Sponsor has ended (with a divorce, annulment or dissolution)

– Your Sponsor has died and you had lived in the UK for at least 1 year before they died

– You are the child of an EEA national who has died or left the UK, or the child of their spouse or civil partner, or former spouse or civil partner

–  You were in education when that person died or left the UK and you continue to be in education

– You are the parent and have custody of a child who has a retained right of residence because they are in education in the UK

 

We will discuss each category in more depth below.

  1. If the marriage / civil partnership is terminated / dissolved

In this case, the marriage must have lasted for at least three years and the non EEA national must have resided in the UK with the EEA national for at least one year out of the three years` time period in accordance with the EEA regulations. If these requirements are not met but the non EEA national has got the custody of the child of the EEA national, he / she may still be able to retain his / her right of residence in the UK.

The most important requirement of the retention application in this case, is for the applicant to provide evidence that the EEA national was exercising his / her treaty rights at the time of divorce, which is often difficult to obtain due to the fact that the estranged EEA national may not be willing top provided his / her documents. We have experience in handling such cases and are best placed to advise our clients in such situations.

In addition to that, the non EEA national must also provide evidences that he qualifies to be a worker / self-employed person / self-sufficient person as if he is an EEA national.

  1. If the non EEA national is a victim of domestic violence

If the marriage / civil partnership has not lasted at least three years but the non EEA national has been a victim of domestic violence, he / she may be able to retain his / her right of residence in the UK. The criteria of establishing domestic violence are similar to that available under the Immigration rules. In addition to that, the non EEA national must also provide evidences that he qualifies to be a worker / self-employed person / self-sufficient person as if he is an EEA national.

  1. If the non EEA national has a right of access to his / her child

If the non EEA national obtains right of access to the child of EEA national and the court orders that such right must be exercised in the UK, he / she may be able to retain his right of residence in the UK. The non EEA national must also provide evidences that he qualifies to be a worker / self-employed person / self-sufficient person as if he is an EEA national.

  1. If the EEA national dies

If the EEA national dies, the non EEA national may qualify for retention of right of residence provided he / she has resided in the UK with the EEA national for at least one year in accordance with the EEA regulations. The non EEA national must also provide evidences that he qualifies to be a worker / self-employed person / self-sufficient person as if he is an EEA national.

  1. If he is a child (in full time education) of the EEA national or his spouse and the EEA national either dies or leaves the UK

A child of the EEA national or his / her spouse may also retain the right of his residence if the EEA national dies or leaves the UK. The only requirement is to provide evidence that the child was in full time education at the time of death of the EEA national or when the EEA national left the UK. The non EEA national parent of the child (having custody) may also qualify for retention of right of residence in line with the fact that the child has retained right of residence.

If the Application for Retention of Right of Residence is approved, you can apply for permanent Residency

Once the application for retention of right of residence is approved, the applicant is given a residence card for five years and upon completion of the five years, he / she may make an application for permanent residence under the EEA regulations. Any time period spent as a family member of the EEA national prior to retaining their right of residence, can be combined to make up total five years of residence, to qualify for permanent residence.

Retention of right of residence applications under the EEA regulations are often quite complex and we strongly advise you to take professional representation and leave this matter in our capable hands.

How our Immigration Solicitors can help you in making an application for Retention of rights of residence.

Our team of UK Immigration Lawyers can expeditiously deal with the applications for Retention of rights of residence.. Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your Retention of rights of residence application under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;

  • We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
  • Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
  • Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
  • Our Immigration Lawyers shall discuss your Retention of rights of residence application and advise you on the required documents and procedure.
  • Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated the Immigration Appeal matters.
  • It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
  • Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
  • We shall never surprise you with hidden charges/fees.

At Chauhan Solicitors, we offer our expertise of advising and representing our clients in making their applications for Retention of right of residence.  We are just a phone call or an email away and are available at 0203 514 2536 or info@chauhansolicitors.com and once in contact, be assured that you are in safe hands.