Things you didn't know about retained right of residence

3 min read

Retained right of residence is a legal concept that applies in certain situations where individuals may retain their right to reside in a country even after certain events or changes occur. Here are some lesser-known things about retained right of residence:

Definition: Retained right of residence typically refers to the right of an individual to continue living in a country after the end of a relationship with an EU/EEA national or a Swiss national, provided certain conditions are met.

Divorce or separation: In the context of retained right of residence, divorce or legal separation from an EU/EEA or Swiss national partner does not automatically mean losing the right to reside in the country. Certain conditions need to be fulfilled to retain this right.

Length of residence: The duration of the relationship or marriage is a significant factor for retained right of residence. In some countries, a minimum period of residence is required, usually between one to five years, before this right can be retained.

Residence requirements: Besides the duration of the relationship, other factors may be considered for retained right of residence. These can include whether the couple has children together or if the non-EU/EEA or non-Swiss national has custody or visitation rights regarding those children.

Family member's death: In the unfortunate event of the death of an EU/EEA or Swiss national family member, the surviving non-EU/EEA or non-Swiss national may retain their right of residence if they meet certain conditions. This typically includes having resided in the country for a specified period before the death occurred.

Rights and limitations: Retained right of residence generally grants individuals the right to continue residing in the country and may also provide access to certain social benefits and healthcare. However, it does not necessarily provide the same rights as those enjoyed by EU/EEA or Swiss nationals, such as the right to work or bring in family members from outside the EU/EEA/Switzerland.

Application process: To establish a retained right of residence, individuals usually need to apply to the relevant immigration authorities or government departments. The process and required documentation can vary depending on the country in question.

Brexit implications: The concept of retained right of residence gained significant attention following the United Kingdom's withdrawal from the European Union (Brexit). The Withdrawal Agreement between the EU and the UK provides certain provisions for EU/EEA or Swiss nationals and their family members to retain their right of residence in the UK.

Permanent residency: Retained right of residence should not be confused with permanent residency or indefinite leave to remain. These are separate immigration solicitores statuses that may provide additional rights and benefits, typically after a longer period of continuous residence.

It's important to note that the specifics of retained right of residence can vary between countries and depend on the applicable laws and regulations. Therefore, it is recommended to consult the relevant immigration authorities or legal professionals for accurate and up-to-date information regarding this topic.

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