Retained right of residence is a status that applies to certain non-European Economic Area (EEA) family members of EEA citizens who have been living in the UK with their EEA family member. It allows them to continue to live in the UK even if the EEA family member they are living with has left the UK or has died.
To qualify for the retained right of residence, the individual must have:
Lived in the UK with their EEA family member for at least one year before the EEA family member left the UK or died.
Have been in a genuine relationship with the EEA national for the entire period of residence.
Must not have been absent from the UK for more than six months in any 12 month period. During the five years preceding the date on which their EEA family member left the UK.
Must not have been in breach of UK immigration laws during their stay in the UK.
If they meet these criteria, they may be able to apply for a document certifying their retained right of residence. This document will be accept as evidence of their right to live in the UK.
It’s important to note that those who hold this status do not have the same rights as EEA citizens. Such as the right to live and work in other EU countries. The right to vote in local or national elections and the right to claim certain benefits in the UK.
Will I be able to remain in the UK after separating from my EEA national spouse?
If you are the non-European Economic Area (EEA) family member of an EEA citizen and you have been living together in the UK. This would allow you to continue to live in the UK even if your EEA family member leaves or dies.
To qualify for retained right of residence, you will need to meet the following criteria:
Have been living together with your EEA national partner for at least one year before the separation or divorce
Have been in a genuine relationship with your EEA national partner for the entire period of residence
Must not have been absent from the UK for more than six months in any 12 month period during the five years preceding the separation or divorce
Must not have been in breach of UK immigration laws during your stay in the UK
If you meet the criteria, you can apply for a document certifying retained right of residence. Which will act as evidence of your right to live in the UK. It is important to note that those with retained right of residence do not have the same rights as EEA citizens such as the right to live. And work in other EU countries, the right to vote in local or national elections and the right to claim certain benefits in the UK.
It’s worth noting that retained right of residence is only for the non-EEA family members of EEA citizens, therefore. If you are not the non-EEA spouse of an EEA citizen and you don’t have any other grounds to stay in the UK. You may need to apply for another visa category that matches your circumstances if you wish to remain in the UK.
How do I prove my right to remain in the UK?
There are several ways to prove your right to remain in the UK, depending on your immigration status and circumstances. Here are some common methods:
Biometric Residence Permit (BRP): If you have applied for a UK visa and it was granted. You will be issue a Biometric Residence Permit (BRP) as evidence of your immigration status. This card contains your personal details and your immigration status, including the duration of your stay in the UK.
Document Certifying Permanent Residence (DCRP): If you are an EEA national or a family member of an EEA national and have been living in the UK for at least 5 years in a continuous period. You will be able to apply for the Document Certifying Permanent Residence (DCRP) as evidence of your right to remain in the UK.
Retained Right of Residence: As a non-EEA family member of an EEA citizen. You may be able to apply for a document certifying your retained right of residence if you meet the criteria. This document will act as evidence of your right to remain in the UK after separation or divorce.
Settled Status: European citizens and their families, who were living in the UK before 31 December 2020 and had completed the application process for EU Settlement Scheme. Can prove their right to remain in the UK by showing their settled status or pre-settled status.
Naturalization certificate: if you are a non-British citizen who have been grant British citizenship. You will have a naturalization certificate as evidence of your right to remain in the UK.
Can I apply for UK citizenship after divorce?
Yes, it is possible to apply for UK citizenship after a divorce. But it depends on your individual circumstances and the specific requirements that need to be met.
To be eligible to apply for British citizenship after a divorce, you generally must have:
Indefinite Leave to Remain (ILR) or Permanent Residency: You must have held permanent residence status (known as Indefinite Leave to Remain (ILR) in the UK) for at least 12 months. Before applying for citizenship, if you divorce after the grant of ILR. It will not affect the time you have spent in the UK and the 12 months requirement would still apply.
Continuous residence: You must have been physically present in the UK for a certain period of time. And must not have been absent from the UK for more than a certain period of time during that period. This period can vary depending on the specific circumstances.
Language and Life in the UK test: You must pass an English language test and the Life in the UK test.
Good character: You must have good character and have no criminal records.
Financial requirement: You must not have received certain forms of public assistance and have sufficient funds to support themselves and their dependants. It’s important to note that, if you are divorce from a British citizen and your marriage last for at least 3 years. However, it’s always recommend to seek legal advice from a qualified immigration solicitor. To understand the best options for an individual case and ensure that the application is properly prepared and submitted.
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