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Retaining right of residence for non EEA Nationals

Non-EEA national family members of EEA nationals may be able to retain their right of residence in the UK if the EEA national leaves the UK or dies or the relevant marriage or civil partnership is terminated.

Regulation 10 of the 2006 Regulations provides the circumstances under which this is possible, for example:

  • your marriage or civil partnership to an EEA citizen has ended (with a divorce, annulment or dissolution)
  • your EEA family member has died and you lived in the UK as their family member for at least one year before their death
  • you’re in education and you’re the child of an EEA citizen (or their current or former spouse or civil partner) who has left the UK or died
  • your child has a retained right of residence because they’re in education in the UK (and you have custody of them)

The applicants are required to prove:

  • that your family member, or extended family member, was a permanent resident or qualified person at the time the relationship ended
  • how the relationship ended – for instance provide a death certificate of the EEA national has died, decree absolute if you are divorced.

An applicant can retain the right of residence as an extended family member if they meet both the following conditions:

  • currently hold a valid residence card as the extended family member of an EEA national
  • meet all of the relevant conditions

Unmarried partners of EEA nationals cannot retain the right of residence if their relationship has broken down.

You can contact us if you are seeking legal help from UK visa consultants in relation to retaining right of residence. At SmartMove2UK our UK Immigration solicitors have expertise in dealing with cases pertaining to retaining rights of residence for non-EEA nationals.

Registration Certificate as EEA National

An EEA national residing in the UK in the exercise of his treaty rights can be issued with a registration certificate as confirmation of his/her right of residence under EC law.

Applications can be made to the Home Office on paper or online.

An EEA national has the right to enter the UK. They must show a valid national identity card or passport issued by an EEA state. Once admitted to the UK, an EEA national may live here for up to three months under regulation 13 of the 2006 Immigration (EEA) Regulation.
Regulation 14 of the regulations gives an EEA national an extended right to remain in the UK as long as they continue to meet the condition of being a ‘qualified person’.

Exercising Treaty Rights as EEA Nationals

Under regulation 6 of the Immigration (EEA) Regulations 2006, a qualified person is an EEA national who is in the UK and exercising free movement rights in any of the following five categories:

  • job seekers
  • worker
  • self-employed person
  • self-sufficient person
  • student

The EEA national can apply for a registration certificate if they’re a citizen of European Economic Area (EEA) country and want to prove their right to live or work in the UK. A registration certificate can:

  • make it easier for her to claim certain benefits and services
  • prove she have a right to work in the UK

At SmartMove2UK our UK immigration solicitors have helped EEA nationals to apply for their registration certificates. You can contact us if you are seeking legal help from UK visa consultants in relation to Registration certificate application.

European Passport Return Service

UK Home Office launched the European Passport Return Service (EPRS) on 1st October 2016. The service has been launched to improve customer experience and to reduce the high volumes of requests being received by European Caseworkers at UKVI to return documents.

The European passport return service allows you and your family to take your passports to a participating local authority for verification and copying, and for the local authority to then send the copy to the Home Office. This allows you to keep your passports while your applications for documentation to prove your right to live in the UK are being processed. You can also include any family members (of any nationality) who you have included in your online application.
The European passport return service can only be used to verify and copy you and your family’s passports, to submit with your applications. National identity cards and other supporting evidence must be submitted as originals only.

How does it work?

The EEA and Swiss nationals have to complete an online application and then take their passport (together with the other documents UKVI require) to one of the 46 participating Local Authorities or nominated UKVI premium service centre (in Belfast or Glasgow) who will check and copy the passport return it to the customer straight away.

To know more details about the European Passport Return Service or for advise and assistance in applying for a Registration Certificate, Residence Card or Permanent Residence contact our Immigration experts at The SmartMove2UK on +91 98191 27002 or email

Permanent Residence Card Application as EEA National or Family Member of EEA National

An EEA national and their family members who have resided in the UK for five years continuously in accordance with the EEA Regulations 2006 can apply for Permanent Residence in the UK. The permanent residence card proves the right of the EEA national and their non EEA family members to live in the UK permanently.

Applications for Permanent residence are made under Regulation 15 of the EEA Regulations 2006. Applicants are required to provide evidence that:

  • they have lived with your European Economic Area (EEA) family member in the UK for a continuous 5 year period
  • the EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence

Applicants can be eligible for permanent residence before 5 years if either:

  • they were living with your EEA national family member, who was working or self-employed in the UK, immediately before their death
  • EEA national family member was working or self-employed in the UK but has ‘ceased activity’ (stopped work or self-employment because of retirement or permanent incapacity, or because they’re now working or self-employed in another EEA state but are still resident and return to the UK at least once a week)

At SmartMove2UK our UK immigration solicitors have helped EEA nationals and their non-EEA national family members, extended family members to apply for their permanent residence cards. You can contact us if you are seeking legal help from UK visa consultants in relation to Permanent residence card application.

Our clients in UK or India can speak to any of our UK EEA Family Permit visa consultant based in Mumbai | Delhi | Gurgaon | Chandigarh | Vadodara | Bangalore on +91 22 2850 9857 or +91 9819 127 002 and book your appointment with our Experts.

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