Retention of the Rights of Residence

Non EEA national spouses/partners may be able to retain their rights under EEA law on the death, departure, divorce or annulment of their marriage.

Requirements upon death :

·         Applicants must have been living with the EEA national for at least one year before their death and;

 

·         The Non-EEA national applicant should be a worker, self-employed or self sufficient person with sickness insurance cover.

Requirements upon divorce/annulment:

·         The couple must have been married for at least 3 years one of which must have been spent in the UK

 

·         The former spouse/partner of the EEA national has custody of the children or right of access to the children in the UK or

 

·         There are circumstances such as domestic violence justifying the right of residence

 

·         The Non-EEA national applicant should be a worker, self-employed or self sufficient person with sickness insurance cover

Retention of the right of residence for a Child (where EEA National dies or departs UK):

The child of an EEA national or the non EEA national spouse/partner will have a right to residence if, immediately before the death/departure of the EEA national, he or she was attending an educational institution and continues to be in education.

For further information or advice, please contact our lawyers on 0207 569 3035 or alternatively at info@ergensharif.co.uk .