EEA Retained Rights of Residence after Brexit

EEA nationals who are exercising their Treaty Rights in the UK may have their non-EEA national family members join them in the UK by way of an EEA Family Permit. If however, circumstances change between the EEA national and their non-EEA national family member, the non-EEA family member may be able to Retain their Rights of Residence in the UK. In order to obtain EEA Retained Rights of Residence, contact LEXVISA Immigration Lawyers London to ensure you meet all of the requirements and understand your position after Brexit.  

What is EEA Retained Rights of Residence?

The non-EEA family members of EEA nationals who are exercising their Treaty Rights in the UK can apply for an EEA Family Permit to join their EEA family member in the UK. Non-EEA nationals who have been issued with an EEA Residence Card and then later wish to apply for Retained Rights of Residence will then need to satisfy certain requirements.

EEA Retained Rights of Residence can be obtained in circumstances where:

  1. the EEA national has died;
  2. the EEA national and the non-EEA national partner have divorced; or
  3. the EEA national leaves the UK.

Non-EEA family members who are the parent of an EEA national child may also retain the right of residence in the UK.

Requirements for the EEA Retained Rights of Residence can be found under Regulation 10 of the Immigration (European Economic Area) Regulations 2006 (“EEA Regulations”). There may be difficulties in meeting the requirements under Regulation 10(5) of the EEA Regulations situations where the relationship with the EEA national has not ended amicably which is why it is helpful to gain legal advice from our specialist immigration team before making an application based on EEA Retained Rights of Residence.

Applying for EEA Retained Rights of Residence after Brexit

The uncertainty of Brexit has generated a great deal of concern for many foreign nationals in the UK who are unsure how to regularise their status. EEA Retained Rights of Residence may no longer be an option for non-EEA family members of the EEA nationals exercising Treaty Rights in the UK whose circumstances have changed, and the non-EEA nationals may have to apply under the Immigration Rules on the basis of once the UK has left the EU.

The Immigration Rules are stricter, with harsher Home Office requirements which need to be satisfied compared with the EEA Regulations, which is why is it important to contact an immigration specialist such as our immigration solicitors and barristers in order to see whether you meet the Home Office requirements under the Immigration Rules and assist with any UK visa applications which are complex and often catch applicants out.

Using Legal Representation to Apply for EEA Retained Rights of Residence

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Retained Rights of Residence application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful EEA Retained Rights of Residence Applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.


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