EEA residence card on the basis of having ‘retained right of residence’

A non-EEA national can still retain a right of residence in the possible ways below:

  • If you have separated from the EEA national but not divorced;
  • You have been married for a minimum of three years and have spent one year in the UK before the relationship with your EEA national partner has ended with a divorce, dissolution or annulment;
  • EEA national partner or family member has died;
  • You have custody of a child who has right of residence in the UK;
  • You are the child of an EEA national who has died or left the UK.

EEA residence card validity

This is endorsed in your passport and has 5 year validity. After the 5 years, you can apply for EEA permanent residence card to confirm that you have right of permanent residence in the UK.