Jurisdiction(s):
European Union

Key definition

Retention definition

What does Retention mean? In construction contracts, retention is a portion of each interim payment (often 3–5%) withheld by the employer or upstream contractor to secure completion and the remedy of defects. It is a contractual mechanism, not a statutory term, and is widely used across England and Wales, Scotland, Northern Ireland and Ireland in standard forms (e.g. JCT, NEC, PWC). Typically, half of the retention is released at practical completion (NEC: Completion; Ireland PWC: Substantial Completion) and the balance on expiry of the defects liability/rectification period, usually evidenced by a certificate of making good defects or a defects certificate. Sectional completion may trigger...

Retained and derivative EU residence rights for family members: death, departure, divorce/dissolution; children's education; Chen, Zambrano and Carpenter carers; residence cards, appeals, expulsion and permanent residence

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Practice notes

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Introduction

This Practice Note examines, in particular, the requirements for securing retained and derivative rights of residence under relevant EU free movement Law in the state of residence (the host Member State). The rules governing Retention of a right of residence in the host Member State stem from the rights laid down in Directive 2004/38/EC (the Citizens’ Directive). The rules for obtaining a derivative right of residence in the host Member State arise from the relevant tests under EU law. When this Practice Note uses the expression ‘EU nationals’, it means nationals of EU Member States. Individuals from the European Economic Area (Norway, Iceland and Lichtenstein) likewise benefit from EU free movement law pursuant to the Citizens’ Directive. Accordingly, references to EU nationals within this Practice Note should be understood as also covering EEA nationals. Switzerland is a party to the Agreement between the EU and the Swiss Confederation, containing free movement provisions that are very similar to, and broadly mirror, those in the Citizens’ Directive.

Retained rights of residence

Non-EU national family Members, whether direct family members or persons whom the host Member State has accepted as durable partners or as other family members, are able to retain their...

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Web page updated on 21/05/2026

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