UK Case Study: Successful Retained Rights of Residency for Non-EEA National

Recently, our expert team of Immigration Solicitors were instructed by a client (“the Applicant”) in relation to his visa application for an EEA permanent Residence Card. on the basis of his retained rights of residency. The Applicant who was a non-EEA national was married to an EEA national. Unfortunately their marriage ended and following the divorce the Applicant sought our advice. 

Our expert Immigration Solicitors at Lexlaw duly prepared the Applicant’s application with the requisite supporting documents and made detailed representations to submit with the visa application. The visa application was made in accordance with the Immigration (European Economic Area) Regulations 2006 (“Regulations”) and the Free Movement of Person’s Directive 2004/38/EC (“Directive”). We were happy to receive a letter from the Home Office this week confirming that the Applicant was granted an EEA Residence Card.

Retaining the Right of Residency in the UK Following Divorce

There are a number of ways in which a non-EEA national family member of an EEA national may retain their right of residence in the UK. These are set out in regulation 10 of the Immigration (European Economic Area) Regulations 2006. In relation to our successful immigration case, the Applicant made an application for retained rights on the basis of his previous marriage to an EEA national.

If a non-EEA national’s marriage to an EEA national comes to an end, they will be able to retain their right of residency if:

  • The marriage has lasted for at three years before the proceedings for divorce; and
  • Both parties have lived in the UK for at least one year during the duration of the marriage; or
  • They have child(ren) and the non-EEA has custody or right of access to the children.

The Applicant mentioned above, prior to the initiation of the proceedings for the termination of the marriage, the marriage had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration. Therefore, the Applicant was eligible to apply for an EEA Residence Card and was successful in his visa application.

Contact us for a successful EEA Residence applications:

Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the application process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 0845 8622 529.

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