What is Permanent Residence?
Under the EU regulation, EEA citizens and family members will qualify for permanent residence after 5 years continuous Residence. The regulations also apply to workers or self-employed who has ceased activity, and their family members. It also applies to family members of workers who have died where the family member resided with the EEA national subject to conditions. In calculating continues residence, it is not broken by periods of absence from the UK for 6 months or less per year. As under UK law, the permanent residence will lapse with two years continuous absence, It is also equivalent to ILR because it brings with it protection from being removed. Permanent Residence is granted is for 10 years, after which an applicant can apply for it to be renewed. The applicant will need to pay the correct fee.
How do I qualify for Permanent Residence?
In order to qualify it will depend on whether the EEA national can demonstrate that they have had a continuous right to reside described above. Evidencing permanent residence is not straightforward. An EEA national may have had periods of economic inactivity in the relevant five year period. This needs to be examined very closely. The success of the non-EEA family member’s application will depend on the evidence that the EEA national had a continuous right to reside.
Is it possible to apply for British Citizenship without applying for permanent Residence?
No it is no longer possible to do this. As a result of new changes in Nov 2015. Applicants must first apply for permanent residence certificate before they can apply for naturaliasation. This change was introduced by the British Nationality Act. Therefore this has the effect of extending the qualifying process… However, provided the applicant was resident in the UK for a 5 year period ending at least 12 months before they want to apply for citizenship, they can then apply for citizenship provided they meets the necessary requirements for British Citizenship.
What happens to the status of permanent residence after UK leaves EU?
This is an interesting question which will definitely be debated in time to come. When the UK leaves the EU, ‘permanent residence’ status will no longer be granted because UK will no longer be part of the EU. It would be for the UK government to replace it should they decide to do so. Immigration experts at the University of Oxford’s Migration Observatory have said: “it is likely to be more difficult (politically and legally) for the government to remove this status from people who already hold it”. The government wants to reach an agreement to protect the status of EU citizens already living in the UK and those of UK citizens living in other EU countries as soon as possible. Hopefully, this will be agreed sooner rather than later.
How long does it take to process my application for Permanent Residence?
In view of Brexit, there has been a substantial increase in applications made to the Home Office. The “normal processing time for permanent residence application is four to six months while some applications may take a longer time to process” in many cases these time limit has been extended. Its a good idea to check on the Home Office, as this information is regularly updated. Once an application has been submitted, the Home Office will confirm receipt; this usually takes about 2 weeks.
What form is used to apply for Permanent Residence?
Applicants can use form EEA PR to apply. The form is 85 pages long; the application can also be made online, and supporting documents mailed by post. The form has been described as being very long and complicated. It is permissible to download and submit only the sections that are relevant to the applicant.
How can First Precedent &Visa Services help in my application for Permanent Residence?
With over 20 years’ combined immigration experience our solicitors have established a brand our clients can trust. Whether you are a family member of an EEA national or the EEA national we can help. It should be noted that in some cases evidencing that you qualify for Permanent evidence is not always easy. We at First Precedent & Visa Services have helped numerous clients qualify for Permanent Residence. We know the pitfalls, and challenges associated with these applications and will ensure that we can put forward the strongest possible case. It is important to note that in these applications the Home Office will require the applicant to prove their case to the criminal standard or go to appeal. Don’t leave your future to chance.
It important to note also that a quarter of EU citizens are having their application rejected, since the UK voted to leave the EU. This is according to a new government data. Don’t leave your application to guess work consult the professionals. Our Immigration Advisers are fully regulated by the OISC to level 3 the highest level. The OISC is responsible for regulating the advice provided by immigration organizations and advisers must only act according to, and within, their authorization.
Contact First Precedent and arrange an immigration consultation today.