Retained Right of Residence

A non-EEA national wishing to retain a right of residence in the UK on the breakdown of a marriage or civil partnership must show that:

- they have been married or in a civil partnership with an EEA national for 3 years;

- they have cohabited in the UK for at least 1 year;

- the EEA national has been economically active;

- on the date of Decree Absolute (divorce) or Dissolution both parties were in the UK; and

- the applicant was exercising Treaty rights.

It is possible to exercise Treaty rights through:

- employment;

- self-employment;

- study*;

- self-sufficiency*.

* Individuals who exercise Treaty rights in the UK on the basis of study or self-sufficiency must hold comprehensive sickness insurance cover in the United Kingdom which covers themselves and any dependants.

An application is made to the Home Office via the postal system. The process involves submission of an application with specified evidence. Processing times vary but are typically between 3-6 months.

– £65 per applicant

A non-EEA national with retained residence will be deemed to hold permanent residence after 5 years in the UK provided that they remain economically active in exercise of a Treaty right.

Time spent on an EEA Family Permit or EEA Residence Card can be amalgamated with time spent on Retained Residence when calculating the 5 years period.

Although you are not obliged to lodge an application, if you wish to have proof of your permanent residence (for example, for an employer) you will need to make an application to the Home Office. To read more, please follow the link.

– Comprehensive legal advice.

- Ensuring your application meets the legal requirements.

- Assistance with compiling the complex evidence required for this category.

- Completion and submission of all forms.

- Ongoing liaison with the authorities where possible.

If you would like to discuss your application for retained right of residence in more detail, please contact us on +44 (0)20 7038 3980, email us at info@rlegal.com or use our online enquiry form.