EU Settlement Scheme: Retain the right of residence

What is the EU Settlement Scheme and a Retained Right of Residence Application?

The EU Settlement Scheme (EUSS) is a registration process for EU citizens currently residing in the UK. It was launched in 2019 following the announcement of the UK’s departure from the EU. EUSS was designed with the intention of offering a window of opportunity for EU/EEA/Swiss citizens to protect their residence.

Following Brexit, free movement between the UK and EU countries has ceased. This means all documentation issued to EEA nationals, Swiss citizens and their family members will be invalid and they will be required to obtain a UK immigration status to remain in the UK. Equally, the EEA family permit is ending on the 30th of June 2021. After this date, EEA nationals looking to retain the right of residence will have to apply through the EU Settlement Scheme (EUSS).  

Non-EEA nationals who have been living in the UK with either an EU/Swiss family member or partner may be able to obtain a residence in certain circumstances. Non-EEA nationals can apply for either a settled status after residing in the UK for 5 years or more continuously or apply for a pre-settled status when having resided in the UK for less than 5 years. Applicants can then apply for permanent residence after having held a retained right of residence of 5 years. 

What are the Requirements for a Retained Right of Residence?

Applications are subject to requirements. It must also be noted that non-EEA nationals who have obtained the right of residence cannot sponsor other family members. You may be able to obtain a retained right of residence through the EU Settlement Scheme (EUSS) if:

1. The EEA/EU/Swiss citizen residing in the UK or a British citizen who is a family member, has died
2. You are the direct descendant of an EEA/EU/Swiss citizen residing in the UK. 
3. You are the child of an EEA/EUSwiss citizen residing in the UK or a British citizen and you are in education in the UK
4. You have had a child with an EEA/EU/Swiss citizen residing in the UK or a British citizen and they have died or they have left the UK and the child is in education.
5. An EEA/EU/Swiss citizen residing in the UK or a British citizen divorced you or a family member
6. The relationship with an EEA/EU/Swiss citizen residing in the UK or a British citizen has been dissolved. 

Equally, individuals looking to obtain a retained right of residence must show that they: 

• Are a worker, or;
• Are self-employed, or; 
• Are a self-sufficient person.

How can NA Law Solicitors help with a Retained Right of Residence Application?

With applications for a retained right of residence, much comes down to submitting the required documentation in the correct format and manner, which is why it is important to seek expert legal advice from the outset. NA Law Solicitors are a niche immigration law firm that specialises in this area of law. Our team of specialist immigration lawyers can assist you with the entire process of making an application for a retained right of residence application and thereafter a permanent residence application. Please feel free to get in touch for an initial 15-minute consultation to discuss your case.