Personal Immigration

EEA DOCUMENT CERTIFYING PERMANENT RESIDENCE

EEA DOCUMENT CERTIFYING PERMANENT RESIDENCE

An EEA Document Certifying Permanent Residence is a residence document issued to EEA nationals who have lived in the UK and exercised Treaty rights for a continuous period of 5 years or more.  An EEA Document Certifying Permanent Residence confirms a right of permanent residence in the UK.

What are the main eligibility requirements for an EEA Document Certifying Permanent Residence?

In order to qualify for an EEA Document Certifying Permanent Residence you will need to satisfy UK Visas and Immigration that:

  • You have lived in the UK continuously for five years;
  • You have exercised Treaty rights as a worker, self-employed person, student or self-sufficient person throughout the five year period;
  • Your exercise of Treaty rights was ‘genuine’;
  • You have not been absent from the UK for more than six months in any one year (except that you will be permitted one longer absence for an important reason, such as military service or pregnancy).

It is possible to obtain an EEA Document Certifying Permanent Residence immediately, without having to wait for 5 years, if you have to stop working permanently because of either (i) an accident or illness, and your husband, wife or civil partner is a British citizen; or (ii) a work-related accident or illness that means you are entitled to a UK pension.

It is possible to obtain an EEA Document Certifying Permanent Residence after 2 years if you have lived continuously in the UK for 2 years and have to stop working or being self-employed because of an accident or illness. You must be working or self-employed when you stop.

It is possible to obtain an EEA Document Certifying Permanent Residence after 3 years if you:

  • Reach State Pension age (you must have been self-employed or worked continuously in the UK for 1 year beforehand);
  • Retire early (you must have worked continuously in the UK for 1 year beforehand);
  • Start work or self-employment in another EEA country (you must usually return to your UK home once a week, and have worked or been self-employed in the UK for 3 years continuously beforehand)

What else do I need to know about the EEA Document Certifying Permanent Residence?

There is no legal requirement to obtain an EEA Document Certifying Permanent Residence because the right of permanent residence exists as a matter of European Union law. However, an EEA Document Certifying Permanent Residence acts as confirmation of your right of permanent residence in the UK and this will make it easier to re-enter the UK, prove your right to work and obtain various services. It is also necessary to obtain an EEA Document Certifying Permanent Residence before an application can be made for Naturalisation as a British Citizen or if you want to sponsor your partner’s visa application under the Immigration Rules.

An EEA Document Certifying Permanent Residence application can only be made from within the UK, and decisions are supposed to be made within six months.

You may be able to apply online for an EEA Document Certifying Permanent Residence. You can also add close or extended family members to your application.

You do not need to provide evidence for all your time spent in the UK. You can rely on, and provide evidence for, any continuous (5 year) period of qualifying residence.

If you are relying on a qualifying period of residence that ended more than 2 years ago you must also provide evidence that you have not spent more than 2 consecutive years outside the UK since the qualifying period ended. This is because permanent residence is lost if you have been outside the UK for 2 continuous years.

How our immigration barristers can help

Our immigration barristers regularly assist EEA nationals and their family members to confirm their right of residence in the UK.

Whether you require expert advice on the requirements of the EEA Regulations, an independent assessment of your prospects of qualifying for an EEA residence document or professional assistance with preparing an EEA residency application or appeal, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to EEA nationals and their family members as part of a professional and friendly service.

WE CAN ALSO ASSIST WITH

  • Applications for EEA Family Permits

    EEA Family Permits are issued to non-EEA nationals living outside the European Union who would like to travel to the UK with an EEA national family member or join an EEA national family member in the UK.

  • Applications for EEA Registration Certificates

    EEA Registration Certificates are issued to EEA nationals who are exercising Treaty rights in the United Kingdom and wish to prove their right of residence. Similarly, the EEA family members of persons exercising Treaty rights may wish to apply for a Registration Certificate.

  • Applications for EEA Residence Cards

    EEA Residence Cards are issued to non-EEA national family members and extended family members of EEA nationals who are exercising Treaty rights in the United Kingdom. EEA Residence Cards confirm a right of residence in the UK.

  • Applications for EEA Permanent Residence Cards

    EEA Permanent Residence Cards are issued to non-EEA national family members and extended family members of EEA nationals who have exercised Treaty rights in the United Kingdom for a continuous period of 5 years. EEA Permanent Residence Cards confirm a right of permanent residence in the UK.

  • Applications for EEA Derivative Residence Cards

    EEA Derivative Residence Cards are issued to non-EEA nationals on a variety of bases showing that a right of residence is derived from EU law.

  • Applications for British Citizenship by EEA Nationals and Family Members

    If order to qualify for British citizenship (naturalisation) as an EEA national or family member of an EEA national, you will need to satisfy UK Visas and Immigration that:

    • You are at least 18 years old;
    • You have held a right of permanent residence for at least 12 months;
    • You have been granted an EEA Document Certifying Permanent Residence or EEA Permanent Residence Card as confirmation of your right of permanent residence in the UK;
    • You were in the UK on the day five years before the date of your application;
    • You have not been absent from the UK for more than 450 days during the intervening five year period;
    • You have not been in the UK in breach of the immigration laws at any time during that five year period;
    • You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
    • You are of good character;
    • You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
    • Your intentions are that if your application is successful your home (or principal home) will be in the UK.

    If you are an EEA national or family member of an EEA national under the age of 18 then you may qualify for British Citizenship by Registration.

    The Secretary of State has a discretion to treat some of the requirements as met even where they are not. However, the Secretary of State has no discretion to waive the requirement to have acquired a right of permanent residence.

    EEA nationals and their family members applying for naturalisation as a British citizen must be able to produce an EEA Document Certifying Permanent Residence or EEA Permanent Residence Card as confirmation of their right of permanent residence in the UK. Applications for confirmation of permanent residency can take up to 6 months to be decided by the Home Office.

  • Immigration Appeals by EEA Nationals and Family Members

    If your application for an EEA residence document has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

    As well as preparing high quality EEA residence document applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.

    Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our EEA Nationals and Family Members immigration team on 0203 617 9173 or complete our enquiry form.

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