Retained Right of Residence under the EUSS
When a family relationship with an EEA citizen ends — through death, departure from the UK, divorce or dissolution, or a breakdown caused by domestic violence or abuse — a family member may still qualify under the EU Settlement Scheme as a family member who has retained the right of residence.
On this page
- What is a retained right of residence?
- How ENS can help
- The situations at a glance
- After a death
- A child in education
- A parent with custody
- Divorce or dissolution
- Domestic violence or abuse
- Evidence about the EEA citizen
- Keeping residence continuous
- Settled or pre-settled status?
- Other routes to consider
- If an application is refused
- FAQs
%%KP%%In brief
- A retained right of residence lets a family member stay eligible for the EUSS after the qualifying relationship or situation has ended.
- The guidance sets out five situations: death, a child in education, a parent with custody of that child, divorce or dissolution, and relationship breakdown caused by domestic violence or abuse.
- Some situations carry extra conditions for non-EEA citizens, such as a minimum period of UK residence.
- Residence must stay continuous from the point the family member starts relying on the retained right.
%%I:PILLAR%%What is a retained right of residence under the EUSS?
A family member who has retained the right of residence is someone whose EUSS eligibility came from a relationship with a relevant EEA citizen (or a relevant sponsor, or a qualifying British citizen) and who can continue to qualify after that relationship or situation has ended, because they meet one of the specified conditions. The applicant can be an EEA citizen or a non-EEA citizen.
It applies to three groups of family members:
- family members of a relevant EEA citizen — who were resident in the UK by the end of the transition period (EUSS family members);
- joining family members of a relevant sponsor — who joined after the transition period (joining family members); and
- family members of a qualifying British citizen (qualifying British citizen route).
A retained right of residence can lead to either settled status or pre-settled status, depending on the length of the family member's continuous qualifying period.
%%I:CHAT%%How ENS can help with a retained right of residence
Retained-right cases often follow a difficult life event, and evidence about the former partner or family member can be hard to obtain. We can review your situation sensitively and tell you what the next step should be.
Identify the right situation
We can check which of the retained-right situations, if any, fits your circumstances.
Plan your evidence
We can review what you have, including where you cannot obtain your former partner's documents.
Prepare a straightforward application
Where the matter falls within our Level 1 authorisation, we can help prepare and present your application.
Our regulatory scope. ENS Immigration Advice is regulated by the Immigration Advice Authority at Level 1. We advise on straightforward EUSS applications within our authorised competence. Retained-right cases can become complex — for example where the qualifying relationship or the former partner's status is disputed, the evidence of domestic violence or abuse needs careful presentation, or there has been a refusal — and where that is so we will say so after an initial assessment and direct you to the appropriate next step. IAA regulation · Refusal or complex issue → specialist referral.
%%I:DOC%%Which retained-right situations does the guidance recognise?
The Home Office guidance recognises five situations. Each has its own requirements, and some apply differently to EEA and non-EEA citizens. The table below summarises them; each is explained in the sections that follow.
| Situation | Core requirement | Extra condition for non-EEA citizens |
|---|---|---|
| Death of the EEA citizen or sponsor | Was their family member when they died | Resident in the UK as their family member for at least 1 year immediately before the death |
| Child in education | Child in education in the UK immediately before the death or departure, and still in it | None |
| Parent with custody | Has custody of a child in the situation above | None |
| Divorce or dissolution | Ceased to be a family member on termination of the marriage or civil partnership, and resident in the UK at that date | One of four further conditions (see below) |
| Domestic violence or abuse | Relevant family relationship broke down permanently because of domestic violence or abuse, while resident in the UK | None |
%%I:HOME%%Can I retain a right of residence after the EEA citizen dies?
Yes. A family member of a relevant EEA citizen (or qualifying British citizen), or a joining family member of a relevant sponsor, can retain a right of residence where that person has died. An EEA citizen family member needs only to have been the family member at the time of death. A non-EEA citizen must also have been resident in the UK as that person's family member for a continuous qualifying period of at least 1 year immediately before the death.
Evidence for this situation
- The death certificate, or other evidence that satisfies the Home Office of the death.
- Evidence that the applicant was the family member (or joining family member) — the relationship evidence for their category.
- For a non-EEA citizen, evidence of at least 1 year's continuous UK residence as that family member immediately before the death.
A family member may instead qualify directly for settled status under a separate provision for family members of an EEA citizen who has died, where that person was working or self-employed in the UK at the time of death and the other conditions are met. Which basis fits depends on the facts — see other routes.
%%I:PEOPLE%%Can a child in education retain a right of residence?
Yes. A child of a relevant EEA citizen (or qualifying British citizen or relevant sponsor), or of their spouse or civil partner, can retain a right of residence where that person has died or ceased to reside in the UK, and the child was attending a general educational course, apprenticeship or vocational training course in the UK immediately before the death or departure, and continues to attend such a course.
Evidence for this situation
- Evidence of the child's family relationship to the EEA citizen (or to their spouse or civil partner), and where relevant of that spouse or civil partner's relationship to the EEA citizen.
- The death certificate, or evidence that the EEA citizen has ceased to reside in the UK — for example an employer's letter about employment outside the UK.
- Evidence that the person was a relevant EEA citizen (or qualifying British citizen or relevant sponsor) immediately before the death or departure.
- Evidence that the child was in education or training immediately before, and still is.
%%I:PEOPLE%%Can a parent with custody of that child retain a right of residence?
Yes. The parent with custody of a child who has retained the right of residence in the situation above can also retain a right of residence. “Custody” means the child normally lives with the parent, or does so part of the time, and includes informally agreed arrangements as well as those set by a court order.
The guidance's requirements for this situation refer to a child of a relevant EEA citizen or qualifying British citizen, and say the child must not be a joining family member of a relevant sponsor.
Evidence for this situation
- Evidence that the applicant has custody of the child, such as a court order.
- Evidence of the child's relationship to the EEA citizen (or their spouse or civil partner), and where applicable the spouse or civil partner's relationship to the EEA citizen.
- The death certificate or evidence of departure, and evidence that the person was a relevant EEA citizen (or qualifying British citizen) immediately before.
- Evidence that the child was in education immediately before the death or departure and continues to be.
%%I:SHIELD%%Can I retain a right of residence after divorce or dissolution?
Yes, if the conditions are met. The applicant must have ceased to be a family member on the termination of the marriage or civil partnership and must have been resident in the UK at the date of the termination. If the EEA citizen stopped being a relevant EEA citizen (or relevant sponsor) after the termination proceedings began, they are treated as having remained one until the termination.
Extra conditions for non-EEA citizens
A non-EEA citizen must also meet one of the following:
- Before the termination proceedings began, the marriage or civil partnership had lasted at least 3 years, and the parties had been resident in the UK for a continuous qualifying period of at least 1 year during it.
- The applicant has custody of a child of the EEA citizen.
- The applicant has a right of access to a child under 18 of the EEA citizen, and a court has ordered that the access must take place in the UK.
- The applicant's continued right of residence is warranted by particularly difficult circumstances, such as where they or another family member were a victim of domestic violence or abuse while the marriage or civil partnership was subsisting.
Evidence for this situation
- The court order terminating the marriage or civil partnership.
- Evidence that the applicant was resident in the UK at the date of termination.
- For the 3-year condition: the marriage or civil partnership certificate, and evidence of its length before proceedings began and of at least 1 year's UK residence during it.
- For custody: evidence that the child lives with the applicant all or part of the time, informal care arrangements, or a court order. For access: a court order stating that access must take place in the UK.
- For particularly difficult circumstances: relevant information or evidence, which caseworkers are told to assess flexibly and pragmatically.
The applicant must also show they met the family member definition for the period before the termination on which they rely.
Unmarried partners. This situation is framed around the termination of a marriage or civil partnership. A durable partner whose relationship has ended should take advice on whether another situation, such as a breakdown caused by domestic violence or abuse, or another EUSS basis, applies.
%%I:SHIELD%%Can I retain a right of residence if the relationship broke down because of domestic abuse?
Yes. An EEA or non-EEA citizen can retain a right of residence where they provide evidence that a relevant family relationship with the relevant EEA citizen (or sponsor) has broken down permanently as a result of domestic violence or abuse, they were resident in the UK when it broke down, and their continued residence is warranted because they or another family member were a victim before the breakdown.
A “relevant family relationship” is one through which the applicant is, or was immediately before the breakdown, a family member of the relevant EEA citizen (or a joining family member of the relevant sponsor). The applicant can be the victim, or a relevant family member of the victim. There is no requirement to be divorced: once the permanent breakdown has occurred, the applicant is treated as having ceased to be a family member and can rely on the retained right from that point.
Dependency no longer needs to be shown in some cases
An applicant in this situation does not need to show continuing dependency if they are a child aged 21 or over who was not previously granted pre-settled status as a child under 21, or the dependent parent of a relevant EEA citizen (or sponsor) who is under 18.
What evidence is needed?
The guidance says no specific evidence is mandatory. The Home Office must be satisfied, on the balance of probabilities, both that the relationship has broken down permanently and that this was a result of domestic violence or abuse, considering all the evidence in the round and taking a flexible and pragmatic approach. Factors the guidance asks caseworkers to take into account include:
- Time since the incidents and the reasons for any delay — for example, a family member may have held on to the applicant's documents, or the applicant may not have realised they were experiencing abuse or known where to get support.
- Older evidence — someone who held pre-settled status when the relationship broke down may find it harder to get evidence, such as from support services, by the time they apply for settled status.
- Still living at the same address — this is not necessarily a sign the relationship has not broken down, as there can be many reasons, including safety, finances, children or cultural factors.
- Previous immigration history, particularly repeated attempts to obtain leave on different grounds.
Where an applicant is having difficulty proving eligibility, caseworkers can, with a senior caseworker, make reasonable enquiries on their behalf.
Your safety comes first. If you are in immediate danger, call 999. Your EUSS position can be looked at once you are safe.
%%I:DOC%%What evidence about the EEA citizen is needed?
As well as evidence for the specific situation, an applicant without a documented right of permanent residence normally needs proof of the identity and nationality of the relevant EEA citizen (or sponsor) and, where they relied on being a family member before the retained right arose, evidence of that person's residence or status throughout the period relied on.
The guidance recognises that this can be difficult after a death or relationship breakdown:
- Alternative evidence of the EEA citizen's identity and nationality can be accepted where the applicant cannot obtain the document for reasons beyond their control or compelling practical or compassionate reasons — for example a permanent breakdown in the relationship.
- Caseworkers must take a flexible and pragmatic approach, case by case, in consultation with a senior caseworker.
- Where necessary and appropriate, caseworkers can make reasonable enquiries on the applicant's behalf to obtain the evidence, in line with data protection rules.
The relationship evidence for each family member category is explained on our family members page.
%%I:CAL%%How does qualifying residence continue with a retained right?
The family member must maintain the required continuity of residence. From the point at which they began relying on the retained right, and while they continue to do so, an event that breaks a continuous qualifying period must not have occurred — unless they have already completed 5 years' continuous qualifying residence or have another qualifying basis, such as a right of permanent residence.
Time as a family member (or joining family member) before the retained right arose can combine with time as a family member with a retained right to make up the continuous qualifying period. The guidance also requires the relevant EEA citizen's (or sponsor's) own continuous qualifying period to have continued until the applicant became a family member who has retained the right of residence.
Absences and other events that can break continuity are explained in our guide to EUSS residence. EUSS continuous residence and absences →
%%I:ARROW%%Will a retained right lead to settled or pre-settled status?
It depends on the length of continuous residence. A family member who has retained the right of residence can qualify for settled status on completing a 5-year continuous qualifying period — combining, where relevant, earlier time as a family member — or where they hold a documented right of permanent residence or indefinite leave held since before the end of the transition period. With less than 5 years, they are usually eligible for pre-settled status (5 years' limited leave).
| Family member type | Continuous qualifying period | Usual outcome |
|---|---|---|
| Retained right via a relevant EEA citizen | 5 years, which began before the end of the transition period | Settled status |
| Retained right via a relevant sponsor (joining family member) | 5 years, which began after the end of the transition period | Settled status |
| Either | Less than 5 years | Pre-settled status |
Once the 5-year period is complete, the relationship or the period of the retained right can be in the past. Since completing it, the applicant must not have been absent for more than 5 consecutive years, and no specified exclusion, removal or deportation decision must have been made against them.
%%I:CLOCK%%Are there other routes after a death or relationship breakdown?
Family member of an EEA citizen who has died
Settled status with less than 5 years may be available where the EEA citizen was working or self-employed in the UK at death, had at least 2 years' continuous residence immediately before (or died from a work accident or occupational disease), and the family member lived with them immediately before the death.
EEA citizen who has ceased activity
Where the EEA citizen retired or stopped work through permanent incapacity after specified periods, a family member may qualify for settled status with less than 5 years.
Domestic abuse routes
A spouse, civil partner or durable partner with pre-settled status whose relationship has broken down because of domestic abuse can apply under the Migrant Victims of Domestic Abuse Concession or Appendix Victim of Domestic Abuse.
The guidance says that an EEA citizen or their family member (including a joining family member or one with a retained right) who holds pre-settled status and then obtains leave under the Migrant Victims of Domestic Abuse Concession or Appendix Victim of Domestic Abuse keeps their pre-settled status alongside it, and can apply for settled status once eligible. Family members of a qualifying British citizen are treated differently — they do not keep pre-settled status in that situation, although they can still apply for settled status once eligible.
%%I:WARN%%What if a retained-right application is refused?
The right next step depends on the reasons for the decision and your circumstances. Don't assume a refusal means no other route is available. ENS does not provide appeal or tribunal representation; start with our immigration help page.
%%I:Q%%Frequently asked questions
Does divorce from an EU citizen end my EUSS eligibility?
Not necessarily. You may retain a right of residence if you ceased to be a family member when the marriage or civil partnership was terminated and were living in the UK at that date. A non-EEA citizen must also meet one further condition, such as a marriage of at least 3 years with 1 year's UK residence during it.
Do I need my former partner's passport for a retained-right application?
Proof of the EEA citizen's identity and nationality is normally required, but the guidance accepts that this can be hard after a relationship breakdown. Alternative evidence may be accepted where you cannot obtain the document for reasons beyond your control, and caseworkers can make reasonable enquiries on your behalf where appropriate.
Can an unmarried partner retain a right of residence after separating?
The divorce and dissolution situation is framed around the termination of a marriage or civil partnership. A durable partner may be able to rely on another situation, such as a permanent breakdown caused by domestic violence or abuse, or the death of the EEA citizen. Whether one applies depends on the facts, so individual advice is recommended.
What evidence of domestic abuse does the Home Office accept?
The guidance says no specific evidence is mandatory. The Home Office considers all the evidence together and decides, on the balance of probabilities, whether the relationship broke down permanently because of domestic violence or abuse. Caseworkers are told to take a flexible and pragmatic approach, including where there are good reasons for delay or missing evidence.
Can I apply if I still live at the same address as my abuser?
Yes. The guidance says living at the same address is not necessarily an indicator that the relationship has not broken down permanently. There can be many reasons, such as lack of access to safety and support, fear of losing custody of children, safety concerns, lack of money, or religious or cultural factors.
Why does a child's education matter for a retained right?
Where the EEA citizen has died or left the UK, their child, or their spouse or civil partner's child, can retain a right of residence if they were in general education, an apprenticeship or vocational training in the UK immediately before and still are. The parent with custody of that child may also retain a right.
Will a retained right of residence give me settled status?
It can, once you have completed a 5-year continuous qualifying period, which may combine time as a family member with time after the retained right arose. With less than 5 years, the usual outcome is pre-settled status, after which you can apply for settled status when you become eligible.
Do I keep pre-settled status if I get leave as a victim of domestic abuse?
Generally yes. The guidance says an EEA citizen or family member with pre-settled status who obtains leave under the Migrant Victims of Domestic Abuse Concession or Appendix Victim of Domestic Abuse keeps their pre-settled status alongside it. Family members of a qualifying British citizen are an exception, though they can still apply for settled status once eligible.
Source basis: Home Office caseworker guidance, EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members, version 32.0, published 30 July 2026. Immigration Rules and guidance can change; confirm the current position on GOV.UK before applying.
Has your family relationship ended?
We can look at what happened, which retained-right situation may apply and what evidence you have, and tell you whether we can help or where to go next.