Obtaining Permanent Residence as a worker in the UK
How it works:
Obtaining permanent residence as a worker gives an applicant the right to live, work and study in the UK without immigration restrictions. An EEA national exercising their Treaty rights can apply for a permanent residency after 5 years of continuous residency in the UK. An applicant must be a ‘qualified person’; a worker, student, jobseeker, self-employed, self-sufficient or a combination of these. This article will focus on the worker category.
Definition of ‘worker’
A worker is defined in the Home Office guidance as ‘an EEA national who is exercising their free movement rights in the UK by working in paid employment on a full-time or part-time basis.’
When assessing whether applicants qualify as workers the Home Office will look whether the employment is genuine and effective. In order to evidence that the work is effective there needs to be a labour contract, an employer-employee relationship, an agreement between the parties that the worker will perform certain tasks or/and a confirmation that the employer will pay or offer services or goods for the tasks performed.
The work cannot be marginal or supplementary. Thus, the work cannot be something which is unrelated to the lifestyle of the worker and the worker should not be spending most of their time doing something else. Applicants will need to provide thorough documentation to evidence their employment; the type and amount of evidence needed will depend on each individual worker.
- An applicant must have reached the age of entitlement to a state pension or have ceased working to take early retirement;
- Pursued activity as a worker in the UK for at least 12 months prior to the retirement;
- Have resided in the UK continuously for more than 3 years prior to the termination.
- Activity must have been terminated as a result of permanent incapacity to work;
- An applicant must have resided continuously in the UK for at least 2 years prior to the termination of their activity or evidence that the incapacity resulted from an accident at work or an occupational disease which entitles to a pension payable in full.
How can NA Law help?
We are a specialist immigration firm with years of experience in permanent residence applications for European nationals. We will guide you through the entire application process and advise you on the validity of the evidence collected in order to ensure that the application is at the highest possible standard before its submission.
Contact us if you have any queries or would like to discuss your immigration matters.