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Retained Right of Residence

In the context of UK immigration law, "retained rights of residence" refers to a legal status that allows certain individuals to continue residing in the UK even after the termination or breakdown of their relationship with a British citizen or settled person. It is a provision that protects the rights of non-EEA (European Economic Area) nationals who have been residing in the UK as a family member of an EEA national.

The concept of retained rights of residence applies in situations where:

Divorce or dissolution of a marriage or civil partnership: If a non-EEA national was residing in the UK as the spouse or civil partner of an EEA national and the marriage or civil partnership ends due to divorce or dissolution, the non-EEA national may be able to retain their right of residence.

Death of the EEA national: If a non-EEA national was residing in the UK as the family member of an EEA national who has died, they may be eligible to retain their right of residence.

To be eligible for retained rights of residence, the individual must have:

Resided in the UK as the family member of an EEA national for at least five continuous years, during which the EEA national was exercising their free movement rights in the UK.

Demonstrated that the relationship with the EEA national has ended due to divorce, dissolution, or the EEA national's death.

Shown that they have retained or obtained a right of custody over a child of the EEA national or have continued to have access rights to a child.

Retained rights of residence allow individuals to continue residing in the UK, access employment, and potentially qualify for further immigration statuses, such as Indefinite Leave to Remain (ILR). To ensure you have the proper information and avoid delays in your application process, it is advised to consult the official UK government website or seek help from TMC Solicitors.

Do I need to apply for a retained right of residence?

If you meet the eligibility criteria for retained rights of residence in the UK, you do not need to apply for this status specifically. Retained rights of residence are automatically conferred based on your circumstances and the conditions outlined in the UK immigration regulations.

To benefit from retained rights of residence, you must meet the following conditions:

  • You must have been residing in the UK as the family member of an EEA national who was exercising their free movement rights in the UK.
  • Your relationship with the EEA national must have ended due to divorce, dissolution, or the death of the EEA national.
  • You must have resided in the UK for at least five continuous years while the EEA national was exercising their free movement rights.
  • You must be able to demonstrate that you have retained or obtained a right of custody over a child of the EEA national or have ongoing access rights to a child.

If you meet these conditions, you will automatically acquire retained rights of residence in the UK. However, it is important to gather and retain evidence that supports your eligibility for this status. This evidence may be required if you need to prove your status at a later stage or if you wish to apply for certain benefits or further immigration statuses.

TMC Solicitors are a dedicated team of Immigration solicitors who offer professional and personal service. We have over 25 years of experience dealing with Immigration law and have a 100% success rate in obtaining the right of residence for our clients.

How long does it take to get retained right of residence?

The processing time for a retained right of residence application can vary depending on various factors, including the complexity of your case and the workload of the UK Home Office. There were no specific published processing times for retained right-of-residence applications.

However, in general, UK visa and immigration applications can take several months to process. It is advisable to check the UK government's official website or contact the UK Visas and Immigration (UKVI) directly for the most up-to-date information on processing times for retained right of residence applications.

When submitting your application, it's crucial to ensure that you provide all the required supporting documents and accurately complete the application form. Any errors or missing information could potentially delay the processing of your application. If you have concerns about the progress of your application or need further information, you can also contact the UKVI or seek legal advice for guidance.

What documents do I need to apply for retained right of residence?

To apply for a retained right of residence in the UK, you will need to submit various documents to support your application. The specific documents required may vary depending on your circumstances and the reason for the end of your relationship with the EEA national. Here is a general list of documents that are commonly required:

Valid Passport: Provide a valid passport or travel document.

Biometric Residence Permit (BRP): If you already have a BRP, include it as it serves as evidence of your current immigration status in the UK.

Application Form: Complete and sign the appropriate application form for the retained right of residence. The form will depend on your specific circumstances, such as form EEA (PR) if you are applying based on divorce or dissolution.

Proof of Relationship: Provide evidence of your relationship with the EEA national, such as marriage certificates, civil partnership certificates, or evidence of cohabitation. Include documents that demonstrate the duration and nature of your relationship.

Proof of Residence: Submit documents that prove your continuous residence in the UK while the EEA national was exercising their free movement rights. This can include utility bills, rental agreements, bank statements, and official correspondence addressed to you at your UK address.

Proof of Relationship Breakdown: Depending on the reason for the end of the relationship, provide relevant documents such as divorce or dissolution certificates, death certificates, or other official documents confirming the termination of the relationship.

Evidence of Custody or Access Rights (if applicable): If you are applying based on having retained or obtained a right of custody over a child of the EEA national or having ongoing access rights, provide documents that demonstrate your relationship with the child and your rights in relation to them.

Financial Documents (if applicable): In some cases, you may need to provide financial documents to demonstrate your ability to support yourself and any dependent family members.

Criminal Record Certificate: Depending on the specific circumstances, you may be required to provide a criminal record certificate from any country where you have resided for a significant period.

Photographs: Include recent passport-sized photographs that meet the specific requirements outlined by the Home Office.

These documents should be considered as guidelines, and specific requirements may apply to your particular circumstances. We advise that you consult the official UK government website or professional legal advisors at TMC Solicitors for accurate and up-to-date information on the documents that are required in your case.

What Retained rights and sponsoring other non-EEA nationals?

Retained rights of residence in the UK refer to the ability of certain non-EEA nationals to continue living in the UK after the end of their relationship with an EEA national. This status allows individuals to maintain their right to reside in the UK independently, even if their relationship with the EEA national has ended due to divorce, dissolution, or the death of the EEA national.

Regarding sponsoring other non-EEA nationals, it's important to note that retained rights of residence do not automatically confer the ability to sponsor or bring in other non-EEA nationals to the UK. Retained rights of residence are specific to the individual who has retained the right and do not extend to sponsoring family members or other non-EEA nationals.

If you wish to sponsor a non-EEA national family member or individual to come to the UK, you would need to meet the specific requirements of the relevant visa category. This may involve meeting financial criteria, demonstrating a genuine relationship, and satisfying other eligibility criteria depending on the visa route you intend to apply.

It is important to carefully review the specific immigration rules and requirements for the visa category you are interested in and consult the official UK government website or seek legal advice to ensure you understand the correct process for sponsoring non-EEA nationals in your particular circumstances.

Why choose TMC Solicitors?

Expertise and Experience: TMC Solicitors claim to have over 25 years of experience in immigration law. Our expertise in this field can be valuable when navigating the complexities of the retained right of the residence application process. We can provide guidance, ensure that all necessary documents are included, and help you understand the requirements and procedures involved.

Legal Knowledge and Updates: Immigration law is subject to frequent changes and updates. We can stay up to date with the latest legal developments and policy changes that could impact your retained right of residence application. We can provide accurate and current advice based on their legal knowledge and understanding of the immigration system.

Personalized Approach: We claim to offer a personal service, indicating that they may take the time to understand your specific circumstances and provide tailored advice accordingly. Our personalized approach can be beneficial when addressing the unique aspects of your case and ensuring that all relevant details are considered.

Document Preparation and Review: A retained right of residence application requires gathering and submitting various supporting documents. We can assist you in preparing and reviewing these documents, ensuring that they meet the required standards and effectively support your application.

Application Assistance: We can guide you through the entire application process, helping you complete the necessary forms, paying attention to detail, and submitting your application within the specified timeframe. Our experience can help minimize errors or omissions that could potentially delay or jeopardize your application.

 

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