Retained right of residence allows you to continue to live, work, and study in the UK where you (as a qualifying non-EEA national) were living in the UK as a family member of someone from the EU, other EEA nations (Iceland, Liechtenstein, Norway), or Switzerland who started residing in the UK by 31 December 2020, and your relationship ended because of, for example, divorce or the death of that EU, EEA, or Swiss citizen. 

However, you need to understand whether you qualify for the retained right of residence after divorce. You do not get retained right of residence status automatically. Nevertheless, if you fulfil the relevant requirements, you may be able to remain lawfully in the UK by applying for the EUSS (EU Settlement Scheme).

If you are making a late EUSS application, you may also need to explain and evidence reasonable grounds for the delay, depending on when you became eligible and when you applied.

You will have to supply proof of your identity, your previous relationship with the qualifying EU/EEA/Swiss citizen, and your continued residence in the UK.

Who qualifies for Retained Right of Residence?

Please note that previously the Immigration EEA (European Economic Area) Regulations 2016 governed rights of residence for citizens of the EU, other EEA nations (Iceland, Liechtenstein, Norway), and Switzerland and their family members in the UK. However, this regulation ceased to apply on 31 December 2020. Consequently, you cannot apply for a retained right of residence under European Economic Area Regulations 2016. You will now have to apply under the EUSS (EU Settlement Scheme), which came into force following the UK’s departure from the EU.

You may have ‘retained the right of residence’ under the EUSS if:

• your eligible family member (someone from the EU, other EEA nations (Iceland, Liechtenstein, Norway), or Switzerland who started residing in the UK by 31 December 2020) died

• you are a child of that qualifying EU/EEA/Swiss citizen or their spouse or civil partner who has left the UK or died, and you are in education in the UK

• you have had a child with that qualifying EU/EEA/Swiss citizen who has left the UK or died, and the child is in education in the UK

• that qualifying EU/EEA/Swiss citizen divorced you or a member of your family

• your relationship with that qualifying EU/EEA/Swiss citizen has broken down permanently because of domestic violence or abuse

You must also have lived in the UK with your eligible family member (someone from the EU, other EEA nations (Iceland, Liechtenstein, Norway), or Switzerland who started residing in the UK by 31 December 2020) before they left the UK, died, or the relationship broke down.

Who qualifies for Retained Right of Residence after divorce?

You can apply for retained right of residence if your marriage or civil partnership with your eligible family member ended because of divorce. 

You must have lived in the UK when your marriage or civil partnership with your eligible family member ended because of divorce.

One of the following must also apply:

• the marriage or civil partnership lasted for 3 or more years, and you and your eligible partner had both been living in the UK for a minimum of 1 year during that time

• you have custody of the child of your previous family member 

• you have been given right of access in the UK to the child of your previous family member and the child is aged under 18

• You or another family member (either your child/grandchild aged under 21, dependent child/grandchild aged over 21, or dependent parent/grandparent) have faced particularly serious or difficult circumstances, such as experiencing domestic violence or abuse during the marriage or civil partnership.

Where appropriate, you will be required to provide evidence for one of the conditions listed above.

What can you do with retained right of residence after divorce?

Usually, if you have a retained right of residence, you can live, work, and study in the UK. You may also be able to access public services and benefits, provided you meet the eligibility criteria. Your earlier qualifying residence as a family member and later residence based on a retained right can count towards the continuous residence needed for Settled status under the EUSS, provided the relevant requirements are met.

How we work?

We assess your circumstances and provide you with a quote for our services. If you decide to proceed, you pay a 50% deposit of our fee and 50% on submission. Then we give you a checklist of documents you need for your case.

We assess your circumstances and review your divorce papers, relationship proof, and proof of residence in the UK. We tell you the type of evidence you will need to support your application for retained right of residence.

We prepare, review, and support your application, supporting documents, and representations prior to submission.

Once you have submitted, we can track your application and contact the Home Office if there is any unnecessary delay.

For expert advice on retained right of residence after divorce, EU Settlement Scheme, Pre-settled status or Settled status under the EUSS, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com