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European Economic Area (EEA) Family Permit - Retained Right of Residence
Regulation 10 of the Immigration (European Economic Area) Regulations 2016 makes provision for a ‘Family member who has retained the right of residence’ in the event of death or the termination of a marriage or civil partnership, to seek a ‘retained right of residence visa’.
Section 10 includes the conditions that the applicant in the event of:
(a) was a family member of a qualified person or of an EEA national with a right of permanent residence when the qualified person or the EEA national with the right of permanent residence died;
(b) resided in the United Kingdom in accordance with these Regulations for at least the year immediately before the death of the qualified person or the EEA national with a right of permanent residence
(a) is the direct descendant of—
(i) a qualified person or an EEA national with a right of permanent residence who has died;
(ii) a person who ceased to be a qualified person on ceasing to reside in the United Kingdom;
(iii) the spouse or civil partner of the qualified person or EEA national described in sub-paragraph (i) immediately preceding that qualified person or EEA national’s death; or
(iv) the spouse or civil partner of the person described in sub-paragraph (ii); and
(b) was attending an educational course in the United Kingdom immediately before the qualified person or the EEA national with a right of permanent residence died, or ceased to be a qualified person, and continues to attend such a course.
Termination of marriage:
(a) ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership
(b) was residing in the United Kingdom in accordance with these Regulations at the date of the termination;
(i) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;
(ii) the former spouse or civil partner of the qualified person or the EEA national with a right of permanent residence has custody of a child of that qualified person or EEA national;
(iii) the former spouse or civil partner of the qualified person or the EEA national with a right of permanent residence has the right of access to a child of that qualified person or EEA national, where the child is under the age of 18 and where a court has ordered that such access must take place in the United Kingdom; or
(iv) the continued right of residence in the United Kingdom is warranted by particularly difficult circumstances, such as where there has been domestic violence whilst the marriage or civil partnership was subsisting.
Who Can Apply For A Retained Right Of Residence Visa?
Accordingly, an applicant can apply for a retained right of residence visa if the qualifying EEA National either:
- had a permanent right of residence in the UK, or
- was a ‘qualified person’ (worker, student, self-employed person, self-sufficient person, or someone looking for work) in the UK and
- the marriage or civil partnership to an EEA national has ended or
- the EEA family member has died and the applicant had lived in the UK as family member for at least one year before their death or
- is in education and is the child of an EEA National (or their current or former spouse or civil partner) who has left the UK or died or
- has sole responsibility/custody for a child who has a retained right of residence because they are in education in the UK.
How Can We Help?
The rules and regulations governing all immigration matters are detailed and complex and it is essential that expert guidance is sought to ensure that accurate applications are submitted which are suitable for proper consideration by the authorities and to avoid the waste of substantial fees in the case of rejected applications.
Kangs Solicitors maintains an established team which assists clients with all aspects of asylum and immigration issues at all stages from Application preparation to Tribunal representation and any subsequent Appeal Hearings.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Please feel free to contact our Immigration Team through either of the following who will be happy to speak to you and guide you:
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