A person who has previously had a right to reside in the UK as the family member of an EEA national who was either a qualified person or had a permanent right of residence in the UK, can apply for a residence card under Retained Rights of Residence.
Retained Rights of Residence can be claimed if:
- The relationship (marriage or civil partnership) with the EEA national has ended with a divorce – the marriage or civil partnership must have lasted for at least 3 years before legal proceedings began for the divorce
- The EEA national spouse or civil partner has died after cohabiting with them for 1 year in the UK
- The applicant is the child of an EEA national/EEA national’s spouse or civil partner who has died or left the UK – and the child was in education when that person died or left the UK, and continued education in the UK thereafter
- The applicant is the parent with custody of a child who has retained right of residence due to continued education in the UK