Understanding the 'Retained Right of Residence' Under the EU Settlement Scheme
What is 'Retained Right of Residence'?
'Retained right of residence' may apply to you if you previously had the right to live in the UK through an EU, Swiss, Norwegian, Icelandic, or Liechtensteiner family member, but have experienced significant life changes such as:
The death of your EU family member.
The departure of your EU family member from the UK.
The breakdown of your relationship due to divorce, separation, or domestic violence.
Key Criteria for 'Retained Right of Residence'
To qualify, you must meet certain conditions:
Loss of a Family Member
If your EU family member has passed away.
Children in Education
If you are a child of a deceased or departed EU family member and are currently enrolled in education in the UK.
Child's Education Needs
If you have a child with the EU family member who is deceased or has left the UK, and your child is in education in the UK.
Divorce or Separation
If your relationship with an EU family member has legally ended through divorce or separation.
Domestic Violence or Abuse
If your relationship with an EU family member has permanently broken down due to domestic violence or abuse.
Eligibility of the Family Member
To grant you the right to live in the UK, your family member must have been:
A citizen of an EU country, Switzerland, Norway, Iceland, or Liechtenstein.
Living in the UK by 31 December 2020.
Additionally, you must have been residing in the UK with your eligible family member before their death, departure, or the breakdown of the relationship.
How Fard Solicitors Can Assist You
Navigating the complexities of the EU Settlement Scheme during such challenging times can be overwhelming. Our team at Fard Solicitors is dedicated to providing compassionate and professional legal assistance to ensure your rights are protected and your application process is as smooth as possible.
For personalized advice and support on your ‘retained right of residence’ status,contact us today. We are committed to guiding you through every step of the process, ensuring you understand your legal position and the options available to you.
FAQs
You can apply if you lived in the UK continuously for at least one year as their family member before their death. Additionally, if they were a worker or self-employed in the UK at their time of death or had been living in the UK for at least 2 years before their death, you are eligible. In cases of death due to a work-related accident or occupational disease, the 2-year living requirement is waived.
Yes, if you are in education in the UK and your parent or their spouse/civil partner has died or left the UK, you can apply. Your parent may also be eligible if they have custody of you.
You can apply if your marriage or civil partnership with an eligible family member ended in divorce, annulment, or dissolution. You must have lived in the UK when it ended, and the marriage or civil partnership should have lasted at least 3 years with at least one year of living together in the UK.
If your relationship with an eligible family member broke down permanently due to domestic violence or abuse while you were in the UK, you can apply. This applies to spouses, civil partners, unmarried partners, children, grandchildren, or dependent parents/grandparents.
You need to provide proof of your identity (a valid passport or national identity card). If you cannot provide these due to compelling reasons, alternative proofs with explanations and supporting evidence are required. Additionally, provide your family member’s valid passport or national identity card, evidence of your relationship, and continuous UK residence.
You need to provide their death certificate. If the death was due to a work-related accident or occupational disease, evidence of the cause is required, along with proof of your and their UK residence, and their employment or self-employment details if relevant.
You must show evidence of your family member’s death or departure from the UK, and that you or the child were in education in the UK at that time and continue to be.
Provide evidence of the divorce, annulment, or dissolution, the duration of the marriage/civil partnership, and proof of living together in the UK for at least a year during that time. Evidence of custody or right of access to a child, and any particularly difficult circumstances like domestic violence, are also required.
Provide evidence that the family relationship permanently broke down due to domestic violence or abuse, and that this occurred while you were living in the UK.
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