EEA Permanent Residence Application

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EEA Permanent Residence Application

*UPDATE*

The EEA permanent residence application has been replaced by the EU Settlement Scheme (EUSS). Click here to be directed to our page on the EU Settlement Scheme.

EU, EEA, or Swiss nationals who intend to continue living in the UK after the 30th of June 2021 should apply for the EUSS. Once the application to the EUSS is successful, you will be granted settled or pre – settled status. If you have indefinite leave to remain or stay, you may be able to remain in the UK without needing to apply to the EUSS. Contact NA Law Solicitors today for more information.

Am I Eligible to Make an EEA Permanent Residence Application?

An EEA permanent residence application can be made if/when you have lived in the UK as an EEA national for a minimum of 5 years, whilst having also exercised your Treaty rights. A permanent residence card signals your proof of permanent residence, following a successful application.

What Happens Following an Approved EEA Permanent Residence Application?

Being granted permanent residence enables the holder to live in the UK for the rest of their life with no restrictions on entry and exit. However, if an individual leaves the UK for more than 2 years, they may lose their permanent residence.

Is Obtaining a Permanent Residence Card Mandatory?

If you are an EEA national who has been in the UK for 5 years or more, it is not mandatory for you to obtain a Permanent Residence card. Some people prefer to obtain one regardless, as it is official confirmation of their status as a permanent resident, which is particularly important following Brexit and the uncertainty regarding the status of EEA migrants in the UK.

What if I’m a Non-EEA Family Member of an EEA National in the UK?

It is mandatory to get a residence card if you are a non-EEA family member of an EEA national and wish to obtain permanent residence in the UK.

Eligibility for a Permanent Residence Document as a Non-EEA Family Member of an EEA National in the UK

As a family member, you are eligible for a permanent residence document if:

  • You have lived with your EEA family member in the UK for 5 years continuously, and
  • If your EEA family member has been a “qualified person” throughout the 5 years or already has a permanent right of residence.

Additionally, you are eligible if:

  • You are the extended family member of an EEA national with a valid EEA Family Permit and then held a retained residence card throughout
  • You entered the UK under EU law after living in another EEA country, also known as the ‘Surinder Singh route.

Please note: this article is not designed to list the full criteria and the complexities of the application process extend beyond the scope of the information given. Prospective applicants are advised to seek legal advice for a thorough understanding of the requirements.

How Can NA Law Solicitors Help?

We understand that the uncertainty surrounding Brexit and the end of free movement of persons in the UK is a great cause of concern for many EU/EEA nationals residing in this country.

Our team of specialist immigration lawyers have built a special expertise in the area of national and EU migration law and will provide you with honest, practical and cost-effective advice on the latest developments regarding your current and future rights as an EU/EEA national in the UK.

Please contact us for an initial consultation to discuss your case.

Frequently Asked Questions (FAQs)

As stated above, you can no longer make a new application for a permanent residence card, you must now seek other means of obtaining residence, such as applying for the EUSS.

EEA nationals used to be able to apply for British citizenship by obtaining a permanent residence card and holding it for one year, after which an application for naturalisation could be made. However, this is no longer an option and individuals must seek other means of obtaining residence and/or citizenship. Contact NA Law Solicitors to discuss this further.

A qualified person is one whom has exercised their Treaty rights. This includes workersstudents, jobseekers, the self-employed, the self-sufficient, or a combination of these.

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