EEA Retained Rights of Residence
It may be possible to apply for retained rights of residence if the applicant previously had a right to the residence (i.e. EEA Residence Card) as a family member of an EEA national exercising treaty rights in the UK or with Permanent Residence and:
- - relevant EEA national has died (Regulation 10(2), or
- - EEA national left the UK (Regulation 10(3), or
- - the relationship ended with a divorce or once a civil partnership is dissolved, subject to additional requirements below, or
- - in cases which involve parents who have custody of a child who retained his right of residence and in some other limited circumstances.
In cases where the application for retained rights of residence is submitted after the divorce or once the civil partnership has been dissolved, if one of the followings applies:
- - the marriage or civil partnership lasted for at least 3 years prior to commencing the proceedings and a couple resided in the UK for at least 1 year before divorce or dissolution was finalised;
- - in domestic violence cases; the applicant has custody of a child of the relevant EEA national;
- - the applicant has access rights to the child of the relevant EEA national, provided the child is under 18 years of age and the access must take place in the UK;
A person who holds retained a right of residence may eventually qualify for permanent residence under European law.
Settled Status in the UK refers to the immigration status granted to eligible EU, EEA, and Swiss citizens, as well as their family members, who were living in the UK before the end of the Brexit transition period (December 31, 2020). It allows individuals to continue living and working in the UK without any immigration restrictions. Settled Status is part of the UK government's EU Settlement Scheme, which was introduced to protect the rights of EU citizens and their family members residing in the UK after Brexit. Once granted Settled Status, individuals are granted the right to stay indefinitely in the UK and enjoy various benefits and services.
Indefinite Leave to Remain
Indefinite Leave to Remain (ILR) in the UK is an immigration status that grants an individual the right to live and work in the country without any time restrictions. ILR is also known as settlement or permanent residency. It allows individuals to stay in the UK for an indefinite period and provides them with a wide range of benefits, such as access to public funds, healthcare, and education.
It provides individuals with the freedom to work, study, and access healthcare in the UK. ILR is typically obtained after a certain period of lawful residence in the UK, such as five years on a qualifying visa.
A spouse visa in the UK, also known as a spouse visa / partner visa, is a type of visa that allows an individual to join their spouse or partner who is a British citizen or settled person in the UK. This visa category falls under the Family route of the UK immigration system.
The visa can be extended for an additional 30 months, after which applicants may be eligible for settlement. To be eligible for a Spouse visa, the applicant must demonstrate a genuine and subsisting relationship with their partner.