Retained Rights of Residence

A Retained Right of Residence allows non-EEA nationals in the UK to maintain their lawful residency after their relationship with an EEA national sponsor ends due to divorce, separation, the sponsor’s death, or their departure from the UK. To qualify, applicants must meet specific requirements, including evidence of previous cohabitation, the duration of the marriage or partnership (usually at least three years), and the sponsor’s qualifying status in the UK at the relevant time.

For retained rights on the basis of divorce or dissolution, specific conditions apply. These include a requirement that the marriage or civil partnership lasted at least three years, with at least one of those years in the UK. There are also provisions to protect victims of domestic abuse, who may qualify regardless of the length of the relationship.

Retained rights are not automatically granted. You will need to apply under the EUSS and provide clear evidence of your previous qualifying residence, the change in circumstances, and that you satisfy the relevant conditions.

This is a complex area of immigration law, and the consequences of not applying in time or providing insufficient evidence can be serious. If your circumstances have changed, it is essential to take legal advice as soon as possible.

Terence Ray Solicitors has the expertise to advise you on retained rights claims and to help you make a thorough and well-evidenced application to the Home Office.

Call us on 020 3367 1430 or email info@trsolicitors.co.uk.