1. Introduction: What Are Retained Rights of Residence?
Retained rights of residence allow non-EEA nationals who were previously married to or in a relationship with an EEA national to continue living in the UK after the relationship ends. This status is typically applicable in cases of divorce, annulment, or the death of the EEA national sponsor. To secure retained rights of residence, you must demonstrate your eligibility by submitting strong evidence.
This guide explains the essential documentation and criteria for proving retained rights of residence in the UK.
2. Eligibility for Retained Rights of Residence
You may be eligible to apply for retained rights of residence if you meet the following criteria:
- Marriage or Civil Partnership: You were married to or in a civil partnership with an EEA national.
- EEA Sponsor’s Activity: The EEA national was exercising their Treaty Rights in the UK (e.g., working, studying, or self-sufficient) at the time of divorce, separation, or death.
- Termination of Relationship: The relationship ended due to:
- Divorce or annulment.
- The death of the EEA national.
- Domestic violence or abuse.
You must also prove that you were residing in the UK at the time your relationship ended and that you continue to meet residency requirements.
3. Document Checklist for Evidence of Retained Rights
To prove you have retained rights of residence, you must submit comprehensive evidence in the following categories:
A. Proof of Relationship with the EEA National
- Marriage or Civil Partnership Certificate: Original or certified copy.
- Divorce Decree Absolute or Annulment Certificate: To confirm the termination of the relationship.
- Death Certificate: If applicable, in the case of the sponsor’s death.
- Evidence of Domestic Violence or Abuse: Police reports, medical records, or a court order (if claiming retained rights due to domestic violence).
B. Proof of the EEA National’s Status in the UK
You must demonstrate that your former spouse or partner was exercising their Treaty Rights while in the UK:
- Proof of Employment:
- Payslips or bank statements showing salary deposits.
- Employment contract or letter from their employer.
- Proof of Self-Employment:
- Tax returns (SA302).
- Invoices or business bank statements.
- Proof of Studies:
- Letter from an educational institution confirming enrollment.
- Evidence of Comprehensive Sickness Insurance (CSI) during their studies.
- Proof of Self-Sufficiency:
- Bank statements showing adequate funds.
- Evidence of CSI.
C. Proof of Residency in the UK
Demonstrate that you were living in the UK with the EEA national and continue to reside there:
- Joint Utility Bills: Gas, electricity, or water bills in both names.
- Tenancy Agreements or Mortgage Statements: Showing both parties as tenants or homeowners.
- Council Tax Bills: Addressed to both individuals or the applicant alone.
- Bank Statements: Showing transactions in the UK.
D. Proof of Continued Residency After the Relationship Ended
- Your Current Address: Recent utility bills, tenancy agreements, or letters from landlords.
- Employment Proof: Payslips, tax returns, or self-employment records demonstrating your financial independence.
- Comprehensive Sickness Insurance (CSI): If self-sufficient or a student.
4. Steps to Apply for Retained Rights of Residence
Step 1: Gather All Relevant Documents
Compile evidence of your relationship, the EEA national’s status, and your continued residency in the UK. Ensure all non-English documents are translated and certified.
Step 2: Complete the Application Form
For retained rights under the EU Settlement Scheme, complete the online application via the UK Visas and Immigration (UKVI) website.
Step 3: Pay the Application Fee
Check the most recent fees on the UKVI website. Some applications under the EU Settlement Scheme may be free.
Step 4: Submit Biometrics
Attend an appointment to provide biometric information, including fingerprints and a photo.
Step 5: Wait for the Decision
Processing times vary but typically take 8-12 weeks. You will be notified via email or letter about the outcome.
5. Tips for Strengthening Your Application
- Provide Comprehensive Evidence: Include all possible documentation to demonstrate your eligibility.
- Explain Gaps in Documentation: If certain documents are unavailable, provide a written explanation and alternative evidence.
- Seek Legal Advice: Consult an immigration lawyer for complex cases, such as those involving domestic violence or limited access to the EEA sponsor’s documents.
- Double-Check Details: Ensure all names, dates, and addresses are consistent across documents.
6. Frequently Asked Questions
Can I apply for retained rights if my relationship ended due to domestic violence?
Yes, if your relationship ended due to domestic violence, you can apply for retained rights. You must provide evidence such as police reports, medical records, or court orders.
Do I need to provide the EEA national’s documents if we are divorced?
Yes, you must provide proof of the EEA national’s status in the UK during your relationship. If this is not possible, explain the circumstances and provide alternative evidence.
How long can I stay in the UK with retained rights of residence?
Retained rights of residence allow you to remain in the UK and continue residing under the same conditions as before. You can eventually apply for settled status after meeting the required residence period.
What happens if my application for retained rights is refused?
If your application is refused, you can request an administrative review or appeal the decision. Consult an immigration lawyer to assess your options.
Can I work in the UK with retained rights of residence?
Yes, you are permitted to work and live in the UK if your retained rights of residence are granted.
7. Conclusion
Securing retained rights of residence ensures non-EEA nationals can continue their lives in the UK after the end of a relationship with an EEA national. By providing comprehensive and accurate documentation, applicants can strengthen their case and increase the likelihood of approval. For complex cases, seeking professional legal advice can make a significant difference. With proper preparation, you can retain your residency rights and plan for a stable future in the UK.