Will the EEA family permit: retained right of residence still exist?

This EEA family permit will be ending on the 30th June 2021.  It will not be valid after then, and you will not be able to apply. Instead, you may be able to apply for an EU Settlement Scheme (EUSS) family permit to come to the UK after 30 June 2021.

Additionally, even though this permit is usually valid for 6 months, it will not be valid after the 30th June 2021, even if there is time left on the permit.

An EUSS family permit is valid for 6 months, unless:

• you plan to arrive in the UK on or after 1 April 2021
• your application is approved more than three months ahead of your planned arrival date

In this case, it’s valid for 4 months from your planned arrival date.

You can apply to the EUSS family permit to continue living in the UK after your family permit expires.

 

EU Settlement Scheme family permit: retained right of residence

Alternatively, you may be able to apply for an EU Settlement Scheme family permit if you previously had a right to reside in the UK either:

•   as the family member of an EU, EEA, Swiss citizen, or
•   from living in the EU, EEA or Switzerland with a British citizen.

This is called a ‘retained right of residence’ and you may have it if:

• your eligible family member died,
• you are their child, they died or left the UK, and you are in education in the UK,

•  you have had a child with them, they died or left the UK, and the child is in education in the UK,
•  they divorced you or a member of your family, or
•  the relationship has broken down because of domestic abuse or violence.

If your family member has died

You can apply if you lived continuously in the UK as their family member for at least one year immediately before their death.

You can also apply if:

• you lived in the UK as their family member immediately before their death,
•  they were resident in the UK as a worker or self-employed person at the time of their death, or
• they had been resident as a worker or self-employed person for at least two years.

It should also be noted that if they died as the result of an accident at work or occupational disease, they do not have to have been resident for 2 years.

If you are in education in the UK

You can apply if you are in education in the UK and one of the following is true:

• you are the child of an eligible EU, EEA, Swiss or British citizen who has left the UK or died,
•  one of your parents is the spouse or civil partner of an eligible EU, EEA, Swiss or British citizen who has left the UK or died, or
• one of your parents was previously the spouse or civil partner of an eligible EU, EEA, Swiss or British citizen who has left the UK or died.

If you qualify through any of these circumstances, then your parent may also be eligible if they have custody of you.

If you or a member of your family was previously married or in a civil partnership

You can apply if you stopped being the family member of the EU, EEA or Swiss citizen after their marriage or civil partnership ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:

• the marriage or civil partnership lasted for at least 3 years and the couple had both been living in the UK for at least one year during that time,
•  you have custody of the EU, EEA or Swiss citizen’s child,
• you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child and the child is under 18, or
• you or another family member was the victim of domestic violence or abuse in the marriage or civil partnership.

You can also apply if a family member had an eligible marriage or civil partnership and you lived in the UK when it ended. For to this to apply you must be their:

•  child or grandchild under 21 years old,
•  dependent child or grandchild over the age of 21, or
•  dependent parent or grandparent.

If you are a victim of domestic abuse or violence

You can apply if your family relationship with an EU, EEA or Swiss citizen has broken down permanently because of domestic abuse or violence.

You can apply if you are/were their:

• spouse or civil partner,
• unmarried partner,
• child or grandchild under 21 years old,
• dependent child or grandchild over the age of 21, or
• dependent parent or grandparent.

For further information regarding documents and evidence you must provide click here.

How we can help

At NA Law Solicitors we provide thorough guidance and advice for individuals in regards to any concerns they may have regarding the EEA family permit or the EU Settlement Scheme family permit.

If you have any queries regarding such a matter and wish to seek advice, please get in touch for an initial assessment.