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EEA Permanent Residence Card

A Permanent Residence card is evidence of an individual’s right to live in the UK permanently.

An application for permanent residence can be made by:

  • A family member of an EEA National
  • An EEA national applying for a document certifying permanent residence

 

Requirements for family members of EEA Nationals

Individuals are eligible to apply for an EEA permanent residence card if:

  • they have lived in the UK as the non-EEA national family member of an EEA national for a continuous period of five years; and
  • the EEA national family member has exercised his/her treaty rights in the UK as a “qualified person” throughout the five years or is already recognized as a permanent resident.

Who are “Qualified Persons”?

For the purposes of permanent residence, the EEA national family member will be a qualified person if he/she is either working, looking for work, self-employed, self-sufficient or a student.

Retained Rights of Residence

A non-EEA national individual may also apply for an EEA permanent residence card on the basis of having retained their right of residence where they have lived in the UK continuously for a five year period first as the family member of the EEA national and subsequently, as someone who has retained their right of residence.

An individual would have “retained” a right of residence in the UK if they used to be the family member of an EEA national who was either exercising their treaty rights as a qualified person or has permanent residence. Individuals may be eligible if the EEA national has either died, left the UK or the marriage/civil partnership has legally ended (divorce, dissolution or annulment). Individuals applying on the basis that the relationship with the EEA national has ended, must show that they have been married for at least three years having spent at least one year in the UK.

In some cases, individuals can acquire permanent residence before 5 years if either:

  • the EEA national has died and prior to their death, the individual was living with the EEA national family member, who was working or self-employed in the UK, immediately before their death
  • the EEA national family member has ‘ceased activity’ due to retirement or permanent incapacity, or because they’re now working or self-employed in another EEA state but are still resident and return to the UK at least once a week

Requirements for EEA nationals applying for a document certifying permanent residence

EEA nationals will need to show that they have been living in the UK continuously for five years and that they have been a qualified person throughout either as a worker, self-employed person, student or self-sufficient person. Periods spent looking for work can be counted towards the 5 years.

How long is the EEA Permanent Residence Card valid for?

The permanent residence card allows you an individual to permanently reside in the UK. However, the document issued itself is valid for a period of 10 years after which it will need to be renewed.

How we can help?

At Descartes Solicitors our experienced lawyers can assist you whether you are making an initial or fresh application, whether you have been refused and wish to exercise a right of appeal or even where you have been denied a right of appeal.

For further information please contact us on 0208 995 3556 or on 0844 556 9901. You can also email us at email us at info@descartessolicitors.co.uk or complete our enquiries box through this website.