Retained Rights of Residence for Family Members of EEA Nationals, OVERVIEW: I’ve created a number of blog posts and videos explaining the principles behind retained of residence because there is a lot confusion around this subject. So my plan is this: in this blog post and video I’ll give you an overview of all possible categories and in my next blog posts and videos I’ll concentrate on each category separately.
There are four major categories of people who can claim that they have retained their rights of residence:
- Where the EEA national family member has died;
- The second category is for children, grandchildren, great-grandchildren of EEA nationals where these EEA nationals either died or left the UK;
- Next category is for parents with actual custody of children of category No2;
- And the last category of those family members who can claim that they have retained their right of residence is for those who were married to an EEA national and either divorced or became victims of domestic violence.
There are various requirements, which all 4 categories need to meet. I’ll be covering them in my next blog posts and videos. However there are two main requirements, which all 4 categories need to meet in any case:
- You need to prove that the relevant EEA national is or was, at the relevant period of time, a qualified person. A qualified person is special legal term. This is the key term in any application under EU law. Therefore it is very important for you to understand it before applying.
I’ve created a special blog post and video explaining this term. I also gave various examples. However, in simple
terms, an EEA national will become a qualified person in the UK if he or she becomes a worker/self-employed person/student or self-sufficient person. EEA nationals can also be jobseekers but only for a very short period of time.
- The second requirement that any category of family members with retained rights of residence will need to prove is their financial credibility. So that they won’t be claiming benefits if they remain in the UK. In other words, the UKVI will only allow your application if you can show that you are either working, or you are self-employer or self-sufficient.
In my next four blog posts and videos I’ll be explaining each category separately. I’ll give you clear examples to make sure that you are no longer confused on this topic.