Retained Residence rights after divorce under the EU Settlement Scheme

30 Jan 2024, 58 mins ago

For those who have gone through a divorce while residing in the UK as the partner of an EU citizen, understanding your immigration status is crucial.

This blog aims to shed light on the concept of retained residence rights under the EU Settlement Scheme, offering guidance on how to navigate the complexities of immigration post-divorce.

The EU Settlement Scheme was introduced to protect the rights of EU citizens and their family members living in the UK post-Brexit. Even if a marriage dissolves, the non-EU individuals might still have the retained residence rights to live in the UK, depending on their personal circumstances.

The applicant may be eligible to retain a right of residence if they can demonstrate that they have initiated proceedings for termination of their marriage or civil partnership with a qualified person, or an EEA national with the right of permanent residence. To meet the conditions, the applicant must have:

  • been married to, or in a civil partnership with, the European Economic Area (EEA) national for at least 3 years immediately before the initiation of proceedings for termination;
  • lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership.

It is possible to apply for permanent residence based on retained rights. You will need to have resided in the UK for a combined period of 5 years, first as a family member of an EEA national ex-partner, and later as a person with retained rights of residence.

Navigating the complexities of UK immigration post-divorce can be challenging, but understanding the concept of retained residence rights under the EU Settlement Scheme provides a pathway for individuals to secure their status and continue their lives in the UK. As always, seeking professional advice and staying informed about the latest immigration updates is crucial for a smooth transition through this process.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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