EEA Residence Permit as a Retained Rights of Residence Eligibility
Above all, to be eligible for an EEA Residence Permit, your continuous period spent legally in the UK must be at least five years. The period spent outside the UK in a year must not be more than six months in total. The continuous period spent in the UK includes the period you’ve lived through sponsorship and with a retained right of residence.
To qualify for the Retained Right of Residence case you have to lose your sponsorship from the EEA national that is an extended or direct family member of your and is a permanent resident in the UK. Also, your sponsor must have been a qualified person. The loss of sponsorship must have happened due to:
- The death of the sponsor.
- Their departure from the UK.
- Ended marriage/civil partnership with them.
You must have been issued a registration certificate or a residence card when being given a retained right to remain in the UK.
For at least one year before your sponsor’s their death or departure from the UK, you must have lived with them as their direct/extended family member.
Requirements to apply for Retained Rights of Residence
Your application for an EEA Residence Permit may vary depending the reason you’ve qualified as a ‘retained right of residence’ case here.
Four are the different cases you’ll be able applying for an EEA Residence Permit as a ‘retained right of residence’, as it will be explained.
Family member of a sponsor that has recently passed away
You’ll be eligible for an EEA Residence Permit as your EEA sponsor has died and your complete continual years spent in the UK are not less than five. For at least one year before your sponsor’s death you’ve lived here as their direct/extended family member. After their death you remained here with ‘retained rights of residence’.
Documents to apply for an EEA (PR) as a ‘Retained Rights of Residence’ case, due to death of the EEA sponsor:
- Evidence of sponsor’s death
- Evidence of sponsor’s status right before their death
- Evidence of being a qualified person
- Evidence of your status in the UK
- Evidence of having lived with the sponsor for at least 1 year right before their death.
Family member of a sponsor that has departed the UK
You’re eligible for an EEA Residence Permit as you’re completing studies in the UK which you’ve started before the death of your EEA sponsor/departure from here. Since the death of your sponsor, you’ve retained your rights of residence here. You’ve lived continually here for at least five years, where at least one year you’ve lived with the sponsor.
Specific documents to apply for an EEA (PR) as a ‘retained rights of residence’ case, due to death/departure from the UK of the EEA sponsor:
- Evidence that the sponsor has left the UK permanently.
- Evidence of having lived with the sponsor. For at least 1 year right before their death/departure from the UK.
Parent of child student in the UK and whose EEA parent has died/left the UK.
You’re eligible for an EEA Residence Permit since you’re one of the parents of a child studying here, whose other parent is/was an EEA citizen who has left the UK or died. You’ve not been married or in civil partnership with your child’s sponsoring parent. Your continuous years lived here are not less than five.
You’re applying based on your child’s retained rights of residence for completing their started studying here. You have custody rights over your child. If not, you have the permission to live with them issued by their other parent.
The period you may stay with an EEA Residence Permit under such circumstance is five years. This period is shortened up to the date your child completes studying here, or up to the date they turn 21.
This period can be extended if your child decides they’ll need you to complete their studies.
Specific documents to apply for an EEA (PR) Card if you’re a parent of a child student with ‘retained rights of residence’ here:
- Evidence of sponsor’s death
- Evidence of relationship with the sponsor
- Evidence of your relationship with sponsor’s child
- Certificate of birth/adoption of the child
- Evidence of studying
- Official letter of the education provider. It must give details of such studies. The dates presented in the letter must confirm that the child has started studying there since before their EEA parent died/left the UK.
Divorced from the sponsor
You’re eligible for an EEA PR Permit as you’re a former spouse/civil partner or their family member who has ended a marriage/civil partnership with an EEA citizen on or after April 20, 2006. Since the divorce/annulment/dissolution with the EEA sponsor, you’ve remained here with retained rights of residence. Your continual years lived here are not less than five.
Send also these documents when applying for an EEA (PR) card as a non-EEA family member of a sponsor with whom you’ve broken a marriage/civil partnership with:
- Certificate of marriage/civil partnership.
- Evidence of having ended your marriage/civil partnership with the sponsor.
- Decree absolute. (For marriage).
- Decree of nullity. (For marriage/civil partnership).
- Certificate of dissolution. (For civil partnership).
- Overseas equivalent court evidences.