Retained Right of Residence Guide 2025

Losing your connection to an EU family member through divorce, death or emigration can raise immediate and personal concerns about your right to remain in the UK. The retained right of residence is a specific safeguard built into the post-Brexit immigration framework to address exactly this situation.

There is no single route to qualifying for a retained right of residence. The rules recognise that people’s lives can change in different ways, and the law sets out several specific situations where someone who was once a family member of an EU, EEA or Swiss citizen may still be entitled to stay in the UK after that relationship has formally ended.

However, the right is not automatic and is not available to everyone. But for those who meet the conditions, it provides a route to stay lawfully in the UK under the EU Settlement Scheme.

In this guide, we set out who is eligible, how to apply and what you’ll need to prove to remain in the UK under the retained right of residence.

 

Section A: What is the Retained Right of Residence?

 

The retained right of residence allows qualifying non-UK nationals to continue living in the UK after their relationship with an EU, EEA or Swiss citizen ends due to death, departure from the UK or the end of a relationship.

The specific rights and entitlements may vary depending on individual circumstances and the basis upon which the retained right was granted, but in general, individuals granted the retained right of residence under the EUSS are entitled to live, work and study in the UK. They can also typically access public services and benefits, subject to eligibility criteria, and may eventually apply for settled status.

The Immigration (European Economic Area) Regulations 2016, which previously governed rights of residence for EEA and Swiss nationals and their family members in the UK, ceased to apply at 11:00 pm on 31 December 2020. Consequently, applications for a retained right of residence under these regulations are no longer accepted. Individuals who previously relied on these regulations would need to apply under the EU Settlement Scheme (EUSS), which superseded previous regulations following the UK’s departure from the European Union.

There is no fee to apply. Applicants need to provide proof of identity, evidence of the previous relationship with the EU citizen, and documentation supporting their continued residence in the UK. In cases where standard identification documents cannot be provided due to compelling practical or compassionate reasons, alternative evidence may be accepted.

 

Section B: Retained Right of Residence Eligibility Criteria

 

Individuals seeking to retain their right of residence in the UK under the EU Settlement Scheme will need to meet specific criteria. To be eligible under the EUSS, applicants must have been residing in the UK by 31 December 2020 and have had a qualifying relationship with an EU, EEA or Swiss citizen who was also residing in the UK by that date. Applicants must also continue to reside in the UK.

The qualifying relationship must have ended due to specific circumstances:

 

1. Bereavement

 

An applicant may qualify if their EU, EEA, or Swiss family member, who was residing in the UK by 31 December 2020, has died. The applicant must have lived in the UK as their family member for at least one year immediately before their death. The deceased must also have been residing in the UK as a worker or self-employed person at the time of death, or have lived in the UK for at least two years immediately before their death.

 

2. Child in Education

 

If the applicant is a child of an EU, EEA, or Swiss citizen who has died or left the UK, and the child is enrolled in education in the UK, they may retain the right of residence. The parent of such a child may also qualify if they have custody of the child.

 

3. Termination of Relationship

 

In cases where the marriage or civil partnership with the EU citizen has ended due to divorce, annulment, or dissolution, the applicant must have been residing in the UK at the time of the termination. Additional conditions include:

 

• The marriage or civil partnership lasted for at least three years, and the couple had both been living in the UK for at least one year during that time.
• The applicant has custody of their previous family member’s child.
• The applicant has been given right of access in the UK to their previous family member’s child, and the child is under 18.
• The continued right of residence is warranted due to particularly difficult circumstances, such as being a victim of domestic violence or abuse.

 

 

4. Domestic Violence or Abuse

 

An applicant may qualify if their relationship with an eligible family member has broken down permanently because of domestic violence or abuse that occurred while residing in the UK. This applies to spouses, civil partners, unmarried partners, children or grandchildren under 21, dependent children or grandchildren over 21, and dependent parents or grandparents.

 

5. Primary Carer of a Child

 

An applicant may be eligible if, by 31 December 2020, they were the primary carer of a child who is either a self-sufficient child from the EU, EEA, or Switzerland, or a child of someone from these countries. Both the applicant and the child must have been living in the UK by 31 December 2020.

It’s important to note that each application is assessed on a case-by-case basis, and providing comprehensive and accurate documentation will support the application process.

 

 

Section C: Common Scenarios

 

The Home Office considers each case on its facts, but the underlying principle is consistent: where certain conditions are met, individuals can continue their lives in the UK despite the departure or loss of the family link that originally gave them the right to be here.

The following are the most commonly recognised scenarios that may give rise to a retained right of residence under the EU Settlement Scheme.

 

1. Retained Right of Residence After Divorce or Civil Partnership Dissolution

 

If your marriage or civil partnership to an EU, EEA, or Swiss citizen has broken down and you are currently living in the UK, you may be able to stay under the retained right of residence provisions of the EU Settlement Scheme if certain conditions are met.

You may apply for a retained right of residence under the EUSS if:

 

• You were married to or in a civil partnership with an EU, EEA, or Swiss citizen who was living in the UK by 31 December 2020, and
• The marriage or partnership ended legally (e.g. divorce or dissolution), and
• You were residing in the UK at the time the relationship ended.

 

In addition, you must meet at least one of the following conditions:

 

• The marriage or civil partnership lasted at least three years, and you both lived in the UK for at least one year during that time.
• You have custody of a child of the EU citizen.
• You have a court-ordered right of access to a child of the EU citizen, and the access takes place in the UK.
• The relationship ended due to domestic violence or abuse.

 

If you meet these conditions, you can apply for pre-settled or settled status under the EUSS, depending on how long you have lived in the UK.

You will need to provide proof of your identity and residence in the UK, evidence of your marriage or civil partnership and the legal termination of that relationship (e.g. decree absolute), documents showing your former partner’s status (such as proof they were living in the UK by 31 December 2020 and had pre-settled or settled status) and supporting evidence for any additional qualifying conditions (e.g. custody orders, proof of domestic abuse, or shared residence history).

If you do not meet the criteria for a retained right of residence, you may need to consider other immigration options, such as applying under the private life route if you have lived in the UK for a long time, or switching to a work visa, family visa or other route under the UK Immigration Rules.

 

2. If You Had EUSS Status as an Unmarried Partner Before the Breakup

 

If your unmarried relationship with an EU, EEA or Swiss citizen has broken down and you are currently living in the UK, your options to remain in the country under the retained right of residence provisions are more limited than for spouses or civil partners.

Under the EUSS, retained rights of residence do not apply to unmarried partners unless you had already been granted pre-settled or settled status as a durable partner while the relationship was ongoing and before the Brexit transition deadline of 31 December 2020. If you were recognised under the EUSS as a durable partner (i.e. in a durable, unmarried relationship akin to marriage or civil partnership) before 31 December 2020 and were granted pre-settled status, you can continue to reside in the UK under that status until it expires.

However, once the relationship ends, you are no longer considered a family member under the EUSS. This means you cannot apply for settled status based on that relationship and you cannot sponsor others based on that relationship.

You may still remain in the UK until the expiry date of your current status, but you must find another immigration route before then if you wish to stay longer.

 

3. If You Were Never Granted EUSS Status as a Durable Partner

 

If you were in a durable relationship with an EU, EEA or Swiss citizen but had not applied to the EU Settlement Scheme (EUSS) or been granted status before the end of the transition period on 31 December 2020, you are not eligible for a retained right of residence under the scheme.

Cohabiting with your partner, even for several years, is not sufficient to qualify unless your relationship was formally recognised by the Home Office as a durable partnership under the EUSS before the deadline. This recognition generally required evidence such as two years of cohabitation or equivalent documentation accepted under EUSS guidance. Without this, there is no route to claim retained rights through the scheme.

If you find yourself in this situation, you will need to consider alternative options under the UK Immigration Rules. These may include applying based on long residence, private life, or another visa category such as work, student, or family-based routes. The most appropriate option will depend on your individual circumstances, including your time in the UK, employment history, and family or personal ties.

Given the limitations on post-deadline EUSS access, it is advisable to seek legal advice as early as possible to assess your position and avoid becoming unlawfully resident.

 

4. Retained Right of Residence Following Bereavement

 

If you are bereaved and your EU, EEA or Swiss family member has died, you may be eligible to retain your right of residence in the UK under the EUSS. Your eligibility depends on the nature of your relationship, your residence history and the deceased person’s status at the time of their death.

If you were living in the UK as the spouse, civil partner or dependent family member of an EU, EEA or Swiss citizen who has died, you may apply for retained status under the EUSS if the following conditions are met:

 

• Your EU family member was living in the UK by 31 December 2020.
• You were also living in the UK by 31 December 2020.
• Your family relationship existed and was recognised under EU law before their death.
• You were residing in the UK at the time of their death.
• The family member was either a worker or self-employed person at the time of their death, or had lived in the UK for at least two continuous years before they died.

 

If these conditions are satisfied, you may apply for pre-settled or settled status under the EU Settlement Scheme.

When applying for a retained right of residence on the basis of bereavement, you will need to provide your own valid ID (passport or national ID card), evidence of your relationship with the deceased (marriage or civil partnership certificate, for example), the death certificate of the EU family member, proof of the deceased’s residence and economic activity (or proof they had been living in the UK for two years), and evidence of your residence in the UK before and at the time of their death.

 

5. If You Are a Dependent Child or Have a Child in Education

 

You may also qualify if you are the child of a deceased EU citizen or the parent of a child who is in education in the UK and whose EU parent has died. The child must have been in education at the time of their parent’s death and must continue to be enrolled. In these cases, both the child and the surviving parent may retain a right of residence.

If you do not meet the criteria under the EUSS, you may need to consider other immigration routes under the UK Immigration Rules, such as long residence, private life or family-based applications, depending on your circumstances.

 

 

Section D: Late Applications to the EUSS

 

The primary deadline for most individuals to apply to the EUSS was 30 June 2021. However, as of 2025, the Home Office continues to accept late applications from eligible individuals who can demonstrate ‘reasonable grounds’ for their delay. Each application is assessed on a case-by-case basis, considering the specific circumstances that led to the missed deadline.

The Home Office provides guidance on what may constitute ‘reasonable grounds’ for a late application. Examples include situations where an applicant:

 

• Was a child whose parent or guardian failed to apply on their behalf.
• Had a serious medical condition or lacked the physical or mental capacity to apply.
• Was a victim of domestic violence or in a controlling relationship.
• Held a permanent residence document under the previous EEA Regulations and was unaware of the need to apply to the EUSS.

 

Applicants must provide evidence supporting their reasons for the delay, covering the entire period since the original deadline.

Late applications are submitted through the standard EUSS application process. Applicants should include documentation that substantiates their reasons for the delayed submission. The Home Office evaluates each case individually, considering the evidence provided to determine eligibility.

If a late application is refused, the applicant may have the option to request an administrative review or appeal the decision, depending on the circumstances. You will need to act promptly, as delays in addressing a refusal can impact the individual’s rights to live, work and access services in the UK.

 

Section E: How to Prove Retained Right of Residence

 

Individuals applying for a retained right of residence under the EUSS must provide specific documentation to demonstrate their eligibility. The evidence required varies based on the circumstances under which the right is claimed.

Applicants are required to submit proof of identity, which can be a valid passport or national identity card. If these documents are unavailable due to compelling practical or compassionate reasons, alternative evidence may be accepted, accompanied by an explanation and supporting materials.

Evidence of the family member’s identity and nationality is required, typically through their valid passport or national identity card. Proof of the relationship to the family member, such as a marriage certificate, civil partnership certificate or birth certificate, also have to be provided.

Continuous residence in the UK should be demonstrated through documents like utility bills, tenancy agreements or official correspondence.

In specific circumstances, supporting evidence will also be required:

 

• Death of a Family Member: If the application is based on the death of a family member, the death certificate must be submitted. Evidence of the deceased’s residence and employment or self-employment in the UK is also required.
• Educational Grounds: For applicants or their children in education, documentation should show that the family member has died or left the UK. Proof of enrolment in a UK educational institution at the time of the family member’s departure or death, and confirmation of ongoing education, are necessary.
• Termination of Relationship: In cases of divorce, annulment, or dissolution of a civil partnership, legal documents confirming the termination are needed. Evidence that the marriage or partnership lasted at least three years, with at least one year of residence in the UK, should be included. If applicable, documents proving custody or access rights to a child, or evidence of domestic violence or abuse, must be provided.
• Domestic Violence or Abuse: Applicants whose relationship ended due to domestic violence or abuse must supply evidence that the relationship has permanently broken down for this reason. Proof of residence in the UK at the time of the relationship breakdown is also required.

 

 

Section F: How to Apply for Retained Right of Residence

 

You apply for a retained right of residence in the UK under the EUSS. The application process varies depending on whether you are currently inside or outside the UK.

Applicants are required to provide biometric information, which includes a facial photograph and, for certain applicants, fingerprints. The ‘EU Exit: ID Document Check’ app can be used to scan identity documents using a compatible smartphone. If the app cannot be used, documents can be sent by post. The Home Office will inform applicants if additional evidence is needed to support the application.

The processing time for applications can vary. Applicants will be notified of the outcome once a decision has been made. If the application is successful, the applicant will be granted either pre-settled or settled status, depending on the length and continuity of their residence in the UK. In cases where an application is refused, the applicant may have the option to request an administrative review or appeal the decision, depending on the circumstances.

 

1. Applying from Within the UK

 

Applicants residing in the UK can apply online through the official EUSS application portal. The process requires the submission of proof of identity, evidence of the previous relationship with the EU, EEA or Swiss citizen, and documentation supporting continuous residence in the UK. Biometric information, such as a facial photograph and fingerprints (for non-EEA citizens without a specified relevant document), must also be provided.

In cases where standard identification documents cannot be provided due to compelling practical or compassionate reasons, alternative evidence may be accepted.

Each application is assessed on a case-by-case basis, and providing comprehensive and accurate documentation will support the application process.

 

2. Applying from Outside the UK

 

For those applying from outside the UK, an EU Settlement Scheme family permit is required to enter the country. The application must be submitted online, and the applicant must be outside the UK at the time of application. The family permit allows entry into the UK for up to six months, during which the applicant can then apply for pre-settled or settled status under the EUSS. There is no fee to apply for the family permit.

 

 

Section G: Alternative EUSS Routes

 

The EUSS encompasses several pathways for individuals seeking to secure their residence rights in the United Kingdom. Among these, the retained right of residence is a specific provision designed for non-UK nationals who previously resided in the UK as family members of EU, EEA or Swiss citizens and whose relationship has since ended due to circumstances such as death, departure from the UK, or legal termination of the relationship.

Beyond the retained right of residence, the EUSS offers other routes for different categories of applicants, each with distinct eligibility criteria and requirements. So while the retained right of residence focuses on individuals whose relationship with an EU, EEA, or Swiss citizen has ended, other EUSS routes cater to ongoing relationships or specific derivative rights, including:

 

• Family Members of EU, EEA, or Swiss Citizens: Individuals who are family members of EU, EEA, or Swiss citizens residing in the UK can apply under this route. Applicants must provide evidence of the family relationship and the EU citizen’s residence in the UK.
• Derivative Rights: This category includes individuals who have a derivative right to reside in the UK, such as primary carers of self-sufficient children. Applicants must demonstrate their eligibility under the specific criteria outlined for derivative rights.
• Family Members of Qualifying British Citizens: Certain family members of British citizens who have exercised their rights of free movement can apply under this route. Applicants must provide evidence of the qualifying relationship and the British citizen’s exercise of free movement rights.

 

Each route has distinct eligibility requirements and documentation standards. Applicants must carefully assess their circumstances to determine the most appropriate application pathway under the EUSS.

 

Section H: Need Assistance?

 

If your circumstances have changed, but your life is still rooted in the UK, the retained right of residence may help you avoid falling out of status.

DavidsonMorris are UK immigration specialists. If you have a question about your eligibility for retained right of residence, or would like advice on alternative UK immigration or settlement options, contact us.

 

Section I: Retained Right of Residence FAQs

 

Can I apply for retained residence if I divorced my EU spouse?

Provided the marriage lasted at least three years, you lived in the UK together for at least one year, and you meet the other eligibility requirements.

 

What if my EU family member left the UK before 2021?

You may still be eligible if you were living in the UK before 31 December 2020 and meet one of the qualifying retained right scenarios.

 

How long does a decision take?

Applications under the EUSS can take several weeks to months. You can stay in the UK while your application is pending.

 

Can I work while my application is being processed?

If you previously held lawful residence, your rights continue while your EUSS application is under consideration.

 

Section J: Glossary

 

Term	Definition
Retained Right of Residence	The right for certain non-UK nationals to remain in the UK after their relationship with an EU, EEA or Swiss citizen has ended due to death, departure, or divorce.
EU Settlement Scheme (EUSS)	The immigration scheme for EU, EEA, Swiss citizens and their family members to continue living lawfully in the UK following Brexit.
Pre-settled Status	A temporary form of status under the EUSS for those who have lived in the UK for less than five continuous years.
Settled Status	Permanent immigration status under the EUSS for individuals who have completed five continuous years of residence in the UK.
Family Permit	A short-term visa issued to eligible family members of EU citizens to enter the UK and join or accompany their sponsor.
Qualified Person	Under previous EU law, an EU citizen exercising free movement rights in the UK as a worker, self-employed person, student or self-sufficient person.
Zambrano Carer	A non-EU national with a derivative right to reside as the primary carer of a British citizen child or dependent adult.
Derivative Right of Residence	A right to reside in the UK based on caring responsibilities or other relationships under EU case law, not through direct family relationships.
Family Member	A person who is the spouse, civil partner, child, grandchild, dependent parent or grandparent of an EU, EEA or Swiss citizen.
Biometric Information	Photograph and fingerprint data collected as part of an immigration application for identity verification.

 

 

Section K: Additional Resources

 

EU Settlement Scheme Guidance
https://www.gov.uk/settled-status-eu-citizens-families

 

Apply for Retained Right of Residence
https://www.gov.uk/family-permit/apply-retained-right-of-residence

 

Home Office Caseworker Guidance on EUSS
https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance