Life is unpredictable, and family circumstances can change in profound ways. For family members of EU/EEA citizens in the UK, events like a death, divorce, or departure can create immense uncertainty about their immigration status. The UK’s immigration rules provide a crucial, but legally complex, lifeline in these situations called the ‘retained right of residence’.
This pathway allows you to apply for an EU Settlement Scheme (EUSS) Family Permit to enter or return to the UK, even though your original qualifying family link has been broken. These are deeply personal and often challenging applications that require a high level of documentary evidence and a sensitive, expert approach. Our team of specialist immigration advisors has extensive experience in handling these nuanced cases. We provide a compassionate and professional service to build a robust application that clearly demonstrates your right to remain in the UK.
What is ‘Retained Right of Residence’?
‘Retained right of residence’ means that you get to keep your right to live in the UK under the EUSS rules, even after your direct family link to an EU/EEA national has ended. To be eligible, you must have been living in the UK with your EU/EEA family member before the qualifying event (such as death or divorce) occurred.
You can only apply for a Family Permit on this basis from outside the UK.
Pathways to Retaining Your Right of Residence
There are several distinct scenarios where you can claim a retained right of residence.
1. If Your EU/EEA Family Member Has Passed Away
This is a key protection for bereaved family members. You may be eligible if you lived continuously in the UK with your family member for at least one year immediately before their death.
Alternatively, the one-year residence requirement might be waived if your family member was a worker or self-employed person in the UK at the time of their death, and they had been living in the UK for at least two years.
2. If You are a Child (or Parent of a Child) in Education
This important provision protects the educational stability of children. You may be eligible if:
- You are a child, your EU/EEA parent has died or left the UK, and you are currently in education in the UK.
- You are the parent with custody of a child, their other EU/EEA parent has died or left the UK, and the child is in education in the UK.
You must be able to prove that the child was enrolled in and attending education in the UK before the parent died or left, and that they are continuing their education.
3. Following a Divorce or Dissolution of a Civil Partnership
You can retain your right of residence after the legal end of a marriage or civil partnership with an EU/EEA national, provided you were living in the UK when the relationship officially ended, AND one of the following is also true:
- The marriage/civil partnership lasted for at least 3 years, and you both lived in the UK for at least one year of that time.
- You have been granted custody of the EU/EEA national’s child.
- You have been granted a right of access in the UK to the EU/EEA national’s child (who must be under 18).
- There were particularly difficult circumstances, such as being the victim of domestic violence or abuse during the relationship.
4. If You are a Victim of Domestic Violence or Abuse
This crucial safeguard allows you to escape an abusive situation without losing your right to live in the UK. You can apply if your family relationship with an EU/EEA national (as a spouse, partner, child, or dependent parent) has permanently broken down as a result of domestic violence or abuse that occurred while you were in the UK. You will need to provide sensitive but compelling evidence to support your claim.
The Essential Evidence for a Retained Rights Application
These applications are highly evidence-dependent. In addition to proving your own identity and your previous relationship, you must provide specific documents for your particular situation.
- For Bereavement: Your family member’s death certificate and proof of your joint residence in the UK.
- For Education: Evidence that the child is enrolled in a UK educational institution (e.g., letters from the school) and, where applicable, proof of your custody.
- For Divorce: Your decree absolute (or equivalent), and evidence that you meet one of the additional conditions (e.g., proof of the length of your marriage and cohabitation in the UK).
- For Domestic Violence: This is highly sensitive and can include police reports, court orders (such as non-molestation orders), letters from charities or social services, or medical reports.
Why Specialist Legal Support is Vital for Retained Rights Cases
Retained right of residence applications are among the most legally complex in UK immigration. They require a deep understanding of EU law principles and the ability to present a sensitive and persuasive case to the Home Office.
Our expert immigration advisors will:
- Provide a compassionate and confidential consultation to assess the specific details of your case.
- Offer strategic advice on which retained rights category you are most likely to succeed under.
- Guide you through the process of gathering the sensitive evidence required to prove your claim.
- Draft detailed legal representations to accompany your application, clearly and expertly arguing why you meet the complex legal tests.
- Manage the entire application process with the professionalism and sensitivity your case deserves.
If your circumstances have changed and you fear for your future in the UK, do not delay. Contact our specialist immigration team today for expert advice on securing your status through a retained right of residence.
About the Author:
Farzad Ghods is an international lawyer specialising in UK immigration law. He is regulated by the Solicitors Regulation Authority (SRA) and the Immigration Advisors Authority (IAA) in the United Kingdom, and is also a member of the Iran Bar Association. He brings over fourteen years of professional legal experience to his practice.