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EEA Cases – Retaining The Rights of Residence

EEA Cases – Retaining The Rights of Residence

During the course of life, circumstances change. Persons [ie: Non EEA Nationals] who were in the United Kingdom under the capacity of an EEA family member are only allowed to reside here under that sole capacity. If they no longer exist to be an EEA family member, then in some cases, the right to reside in the United Kingdom ceases. This will be for two reasons:-

that the EEA national has left the United Kingdom permanently;
that the EEA National and EEA family member divorce.

In some circumstances, if an EEA national and EEA family member separate [not divorce] but live in the United Kingdom, then it may be possible to retain the right of residence as the EEA National is still exercising treaty rights in the United Kingdom.

Regulation 1(5)(f) states that a person is required to have resided in the United Kingdom in accordance with the Regulations for a continuous period of five years and at the end of that period to be a “family member who has retained the right of residence”. Regulation 10 outlines the Regulations that relate to persons who can still retain the right of residence.

So, when things do not go to plan, it may be that there is still options available to the EEA family member to retain the right of residence. Alternatively, if you are unable to retain the right of residence, then you have an option to revert back to UK Common Law by switching from an EEA family member to that of an acceptable category, such as to continue studies in the United Kingdom.

Our lawyers are available 24 hours a day, providing immediate legal assistance during proceedings. Please contact the Head of the Immigration Department Richard Harrold on 020 7388 8333 or email harroldr@tuckerssolicitors.com