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 fulfil certain requirements to be able to retain their right of residence in the UK.

Directive 2004/38 has incorporated ECJ case-law such as Baumbast and Diatta to allow non-EEA nationals family members to retain the right of residence.

There are now a number of circumstances in which non-EEA national family members of EEA nationals may retain their right of residence in the UK if the EEA national leaves the UK or dies or the relevant marriage or civil partnership is terminated. These circumstances are set out in regulation 10 of the 2006 Regulations.
 


Who can apply for Retain Rights of Residence?

You could have a retained right of residence if:

1.    Your marriage or civil partnership to your Sponsor has ended (with a divorce, annulment or dissolution)
2.    Your Sponsor has died and you had lived in the UK for at least 1 year before they died
3.    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
4.    You were in education when that person died or left the UK and you continue to be in education
5.    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

 

Family member who has retained the right of residence

(1) In these Regulations, "family member who has retained the right of residence" means, subject to paragraph (8), a person who satisfies the conditions in paragraph (2), (3), (4) or (5).

(2) A person satisfies the conditions in this paragraph if—

(a) he was a family member of a qualified person when the qualified person died;
(b) he resided in the United Kingdom in accordance with these Regulations for at least the year immediately before the death of the qualified person; and
(c) he satisfies the condition in paragraph (6).

(3) A person satisfies the conditions in this paragraph if—

(a) he is the direct descendant of—

(i) a qualified person who has died;
(ii) a person who ceased to be a qualified person on ceasing to reside in the United Kingdom; or
(iii) the person who was the spouse or civil partner of the qualified person mentioned in sub-paragraph (i) when he died or is the spouse or civil partner of the person mentioned in sub-paragraph (ii); and

(b) he was attending an educational course in the United Kingdom immediately before the qualified person died or ceased to be a qualified person and continues to attend such a course.

(4) A person satisfies the conditions in this paragraph if the person is the parent with actual custody of a child who satisfies the condition in paragraph (3).

(5) A person satisfies the conditions in this paragraph if—

(a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;
(b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination;
(c) he satisfies the condition in paragraph (6); and
(d) either—

(i) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;
(ii) the former spouse or civil partner of the qualified person has custody of a child of the qualified person;
(iii) the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom; or
(iv) the continued right of residence in the United Kingdom of the person is warranted by particularly difficult circumstances, such as he or another family member having been a victim of domestic violence while the marriage or civil partnership was subsisting.

(6) The condition in this paragraph is that the person—
(a) is not an EEA national but would, if he were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or
(b) is the family member of a person who falls within paragraph (a).

(7) In this regulation, "educational course" means a course within the scope of Article 12 of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers [11].

(8) A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case may be, and a family member who has retained the right of residence shall cease to have that status on acquiring a permanent right of residence under regulation 15.
 


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.



Why You Should Contact International Immigration Regarding This Case?

Ms Maeda Mobayyen, Principal Solicitor at International Immigration, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws.

Whether you are a small to medium sized business in need of skilled workers in your UK office, or a global corporation that need to transfer staff from one country to another, our specialist team of immigration solicitors can help.

We have the benefit of regulation with the Office of Immigration Services Commissioner (OISC).


Our solicitors combine an in-depth knowledge of the law and its practical application to your case, with a firm belief in your right to legal assistance and to committed representation throughout your matter. Our solicitors place service to the public above all else and are able to advise on the best possible course of funding in the event you do not qualify for legal aid. Our rates are competitive and we can also explore the opportunity to fund your case on a fixed fee basis.

Our Immigration Solicitors will provide the best possible Immigration advice / consultation under direct supervision of Maeda Mobayyen. 

After consultation, if you wish us to start preparing your case, you can expect the followings from our us:

•    Our immigration solicitors will discuss the details about your immigration case, assess and advise you on the law, procedure and other requirements for the process.

•    Our immigration solicitors will liaise with the immigration officer for expeditious decision on the application;

•    Our immigration solicitors shall keep you updated on the progress of your immigration matters.

•    Our immigration solicitors will advise you about the implications of the Home Office decision on your application.

•    Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;

Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including

•    Immigration bail applications 
•    Immigration Appeals
•    Judicial Reviews
•    Indefinite Leave to remain applications, 
•    further leave to remain applications,
•    EEA applications 
•    Settled and Pre-settled applications 
•    entry clearance applications, 
•    Our immigration solicitors are some of the best solicitors in London.

•    Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;

•    In International Immigration we have been teamed up with the some of the best immigration barristers in and outside London who are specialist in immigration matters. 

•    We will help you pay the spouse visa application fee and the Immigration Health Surcharge (IHS) for the spouse visa application;

You can reach International Immigration on 07587691074 or info@internationalimmigration.co.uk


We Will Handle Your Case As If Its Our Own!