Rights of non EU citizens applying for Retained Right of Residency after the divorce or death of their EU spouse

In the event of divorce of non EU partner from EU citizen or death of the EU partner, the non EU citizen can continue to reside in the UK under the Retained Right of Residency. Until recently one of the main eligibility criteria to obtain such visa was to prove the employment (exercise of treaty rights) in the UK.

In its latest decision, the case of Gauswami India [2018] UKUT 275 (IAC),  the Upper Tier Tribunal ruled out that in the event of divorce of non EU national with EU partner or his death, non EU citizens, can not only show his employment in the UK but also rely on his job seeker status while applying for Retained Right of Residence. However, the applicant should be registered with the Job Centre and receive jobseeker's allowance.

Thus, the rights of non EU citizens, who are registered as jobseekers were equated with the rights of those who are already employed.

Posted on Aug 23, 2018.

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