RETAINED RIGHT OF RESIDENCE BY NON-EEA CITIZENS
Divorce from an EEA citizen
If you are a non-EEA citizen and you are married to an EEA citizen, you may be allowed to stay in the UK in case of the divorce.
Under the current Regulations if a non-EEA citizen has been married to an EEA citizen for at least 3 years and they resided in the UK for at least 12 months and both of them were economically active in the UK during the divorce proceedings, then a non-EEA citizen may be granted further leave in the UK under the so-called Retained Right of Residence.
If a Retained Right of Residence application is approved, a non-EEA citizen may be granted with an EEA Residence Document, valid for 5 years. Such a non-EEA citizen will be able to remain and work in the UK and apply for Permanent Residence (ILR) having completed totally 5 years under EEA law on combination of the “old” and “current” EEA Residence Documents.
EEA child of a non-EEA parent
If you are a non-EEA citizen and your child is a European citizen you may be granted the right to remain and work in the UK.
Death of an EEA spouse
In case if a non-EEA citizen’s EEA spouse dies from the accident at work or occupational disease, or a non EEA citizen’s EEA spouse dies having lived in the UK for at least 2 years, that non-EEA citizen may be granted Permanent Residence (ILR ) in the UK.
Continued right of residence
A non-EEA national who is the spouse / civil partner of an EEA national does not cease to be a family member in the event of marital breakdown / separation as long as the EEA national continues to exercise Treaty rights in the United Kingdom.
The non-EEA national continues to have a right of residence until such time as a divorce is finalized, (a Decree Absolute is obtained) / the civil partnership is dissolved.
However, a non-EEA national spouse / civil partner will lose their right of residence if the EEA national leaves the United Kingdom, unless the non-EEA qualifies for a retention right of residence as detailed above.
The above options are not exhaustive as we treat every client's case individually. Please do not hesitate to book a phone, Skype or office consultation with us for a professional immigration advice and possible further representation before the UK Border Agency or the First Tier or Upper Tier Tribunal (Immigration and Asylum Chamber) (FTT/UTT IAC).
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