Navigating the complexities of immigration law can be challenging, especially when it comes to retaining your right of residence in the UK following changes in your family circumstances. Whether your relationship with an eligible family member has ended due to death, separation, or domestic violence, understanding your rights and the application process for retained right of residence under the EU Settlement Scheme is crucial. In this comprehensive guide, we’ll explain the eligibility criteria, required documentation, and why it’s beneficial to seek expert legal assistance from DJF Lexvisa Solicitors, a leading London law firm specialising in immigration law.
What is Retained Right of Residence?
The term “retained right of residence” refers to the ability of non-EEA nationals to continue living in the UK after their relationship with an EEA family member has ended. This situation arises when an eligible family member has either died, left the UK, or when a relationship has permanently broken down. Understanding whether you qualify for retained right of residence is essential for ensuring your continued lawful stay in the UK.
Who Qualifies for Retained Right of Residence?
You may qualify for retained right of residence under the following circumstances:
1. Death of a Family Member: If your eligible family member has passed away, you may retain your right to reside in the UK, provided you lived continuously with them for at least one year immediately before their death. Additionally, the deceased must have been living in the UK as a worker or self-employed person at the time of their death, or for at least two years before their death unless the death was due to an accident at work or occupational disease.
2. Educational Status of Children: If you are in education and your parent or their spouse/civil partner has died or left the UK, you may qualify for retained right of residence. You must demonstrate that you were enrolled in education at the time of their departure or death and that you continue to pursue your studies in the UK. In some cases, your parent or guardian may also be eligible if they have custody of you.
3. Divorce or Separation: If your marriage or civil partnership has ended in divorce, annulment, or dissolution, you may retain your right of residence. You must have resided in the UK at the time of the separation, and one of the following must apply:
- The marriage or civil partnership lasted for at least three years, with at least one year spent living in the UK.
- You have custody of a child of the former relationship.
- You have been granted access rights to a child under 18, residing in the UK.
- You or another family member experienced domestic violence or abuse during the marriage or civil partnership.
4. Domestic Violence or Abuse: If your relationship with an eligible family member has permanently broken down due to domestic violence or abuse, you may apply for retained right of residence. This provision applies to spouses, civil partners, unmarried partners, children, grandchildren under 21, dependent children or grandchildren over 21, and dependent parents or grandparents.
Importance of Legal Representation
Given the complexity of these cases, it’s essential to consult an experienced solicitor who can guide you through the process. DJF Lexvisa Solicitors in London have extensive experience in handling retained right of residence applications and can provide the legal expertise necessary to ensure your application is successful. With a deep understanding of the EU Settlement Scheme and UK immigration law, DJF Lexvisa Solicitors can help you gather the required documentation, present your case effectively, and navigate any legal challenges that may arise.
Required Documentation for Retained Right of Residence Applications
When applying for retained right of residence, you must provide comprehensive documentation to support your case. The required evidence will vary depending on your specific circumstances:
Proof of Identity
You must submit:
- A valid passport or
- A valid national identity card if you’re from the EU, Switzerland, Norway, Iceland, or Liechtenstein.
If you cannot provide these due to a compelling practical or compassionate reason, alternative proof of identity and nationality may be acceptable, provided you offer supporting evidence explaining the situation.
Proof of Family Member’s Status
You will need to submit:
- Your family member’s valid passport or valid national identity card from an EU country, Switzerland, Norway, Iceland, or Liechtenstein.
- Evidence of your relationship to them, such as a marriage certificate, civil partnership certificate, or birth certificate.
Evidence of Continuous Residence
You must demonstrate continuous residence in the UK, which may include utility bills, bank statements, or letters from educational institutions, depending on your situation.
Additional Documentation for Specific Cases
– If Your Family Member Has Died: Provide a death certificate, evidence of their employment or self-employment, and proof of residence for both you and the deceased.
– If You Are in Education: Submit evidence showing your enrollment in education before and after your family member left the UK or passed away.
– If You Were Previously Married or in a Civil Partnership: Supply divorce or annulment papers, evidence of the duration of the marriage or partnership, and any relevant custody or access rights documentation.
– If You Are a Victim of Domestic Violence or Abuse: Provide evidence that the relationship has permanently broken down due to violence or abuse, along with proof of residence in the UK during the breakdown.
Why Choose DJF Lexvisa Solicitors?
Applying for retained right of residence can be a daunting process, with stringent documentation requirements and legal complexities. Engaging a skilled solicitor can significantly improve your chances of a successful application. DJF Lexvisa Solicitors offer expert legal advice and tailored assistance throughout the entire application process. Their dedicated team understands the nuances of UK immigration law and is committed to protecting your rights and ensuring that your application is meticulously prepared and submitted.
Comprehensive Legal Support
Every case is unique, and DJF Lexvisa Solicitors pride themselves on offering a personalised approach tailored to your specific circumstances. Whether you are dealing with the aftermath of a divorce, the loss of a family member, or the trauma of domestic violence, they will develop a legal strategy that addresses your needs and maximises the likelihood of a favourable outcome.
Conclusion
Retaining your right of residence in the UK after the loss, departure, or separation from an eligible family member is a complex legal process that requires careful preparation and a thorough understanding of the relevant laws. By working with DJF Lexvisa Solicitors, you can ensure that your application is handled by professionals who are experts in immigration law and dedicated to securing your future in the UK. Whether you need help gathering documentation, interpreting the law, or navigating the application process, DJF Lexvisa Solicitors are here to provide the support you need.
If you believe you qualify for retained right of residence, do not hesitate to seek expert legal advice. Contact DJF Lexvisa Solicitors today to discuss your case and take the first step towards securing your right to stay in the UK.