What is Retained Right of Residence Application?
If the non-EEA nationals are residing in the United Kingdom with a National of EEA or Switzerland as a partner or spouse may be permitted to stay in the UK after their relationship get over. But they need to apply retained right of residence.
If you are a partner of a non-EEA national, then you have a right to reside in the United Kingdom as a family member of non-UK national. Although they get their right to stay in the UK from the national of EEA or Switzerland if their relationship gets over, then it does not automatically remove the right of residence in the UK as they still a part of the EEA national.
On the contrary, once they terminated their legal marriage or relationship, then the Non-EEA member becomes ex-partner or spouse and there has no right left to stay in the UK, so they need to apply for Retained Right of Residence if they want to remain in the UK without breaching their immigration rules.
Requirements to apply a Retained Right of Residence
Once the relationship comes to end legally, then the non-EEA national will not be a family member of EEA national and thus, there is a need arise to apply for a retained right of residence. But for the same, they need to apply for a right of residence if they meet the following criteria:
• Prove that the ex-EEA national is a qualified person as per EU free movement regulations at the time of divorce. It means that the person is self-employed or economically self-sufficient, or a worker.
• The tenure of marriage or relationship between the non-UK national and non-EEA members must have lasted for at least three years before the divorce proceedings. They should be lived in the UK for one year.
• The non-EEA national must have been in the United Kingdom on the divorce date or final termination of their relationship.
A non-EEA national can also retain their right of Residence in other situation such as:
• Custody of a child of a qualified person
• Right of access to a child who is below 18 years of age
• Warranted by some difficult circumstances