Application for Permanent Residence Card
What is a Permanent Residence ?
Permanent residence under the EEA regulations is in fact similar to Indefinite Leave to Remain under the Immigration rules and gives same rights to individuals under the EEA regulations as given under the Immigration rules.
Who can apply for Permanent Residence?
The EEA nationals who have resided in the UK for a continuous period of 5 years in accordance with the EU law are eligible for permanent residence. The right of residence is possessed by a person who is exercising Treaty rights, which means moving to another EU country other than your own and then engaging in one or more as:
- worker or job seeker
- self-sufficiency and
Please note family members of EU nationals who are engaged in one of the above mentioned activities i.e. exercising treaty rights will also qualify for permanent residence after five years.
As mentioned above the Applicant need to prove he/ she was living for a continuous period of 5 years in the UK and was exercising Treaty Rights which includes the following categories:
To qualify as a job seeker, you must be able to demonstrate that you are not only actively looking for jobs but intend to have a realistic chance of getting one. You must prove that you actively have been applying for different jobs. This rule is in line with regulation 6 (4) of the Immigration (EEA) Regulation of 2006. In summary the requirements for exercising treaty rights as a job seeker are:
– You are registered as having been in employment for at least one year before becoming unemployed or you have just completed a registration as a job seeker;
– You have been unemployed for a period not exceeding 6 months;
– You can demonstrate that you are looking for a job in the UK and have a realistic change of securing a job in the UK.
If you are currently working in the UK, you fall under the definition of a qualified person or are regarded as exercising treaty rights as a worker. Employment in this instance may either be full or part time. Importantly, such a worker must be able to sustain themselves without recourse to public funds to be within the definition. There are however situations in which a person is currently unemployed may still qualify as a worker. Such instances revolve around the European national being temporarily unemployed or unemployed as a result of the following:
– Sickness or accident
– Voluntary or involuntary unemployment
– Started a vocational training
In order to be a qualified person as self-employed, you have to be registered with the HMRC for income tax and NI contributions. You must be able to evidence this by way of the document evidence such that you submit to the HMRC. Such documents may include invoices, accountant’s letter, bank statements, etc.
Furthermore, Regulations 6 (3) of the European Regulations 2006 allows that in the event of an illness or accident, whereby a self-employed person becomes temporarily out of work, they may still qualify as self-employed.
The rules define a self-sufficient person as one who has:
– Sufficient funds to cater for his/her expenses without having to need help from the government by way of claiming benefits in the UK;
– They have a comprehensive health insurance for all members of their family living in the UK including them;
– They have financial securities and/or a pension sufficient to cover themselves whilst in the UK;
– Is working for a charity which takes care of their living expenses in the UK. Importantly the charity support must be sufficient enough to meet the living cost of both the individual and his family members living in the UK.
Exercising treaty rights also includes a student, as long as they are studying at an appropriately regulated institution. Importantly documentary evidence including bank statements, comprehensive sickness insurance, would still have to be provided to show that the student has enough funds to support themselves in the UK without needing financial support from the government. It is also important that the institution of learning in which the EEA national (student) is enrolled in, must be recognized as a provider of that course or training.
Absences from the UK in Permanent Residence Applications
Absences from the UK of up to six months do not disqualify or prevent a person from acquiring permanent residence. Gaps in employment are also permitted in some circumstances.
What Residency documents do you need to apply for a Permanent Residence card?
You need to demonstrate to the Home Office that you have been living in the UK for a continuous period of 5 years during which you were exercising treaty rights.
Permanent residence for Non EEA national family members of EEA nationals:
The non EEA nationals may also make their application for permanent residence in the UK provided they fall in one of the following categories and meet all the relevant conditions:
- The non EEA national completes five years of residence in the UK while being a family member of a qualified EEA national who exercises his treaty rights throughout those five years’ time.
- The non EEA national family member of the EEA national who ceases to exercise his / her treaty rights in the UK due to reaching retirement age or getting permanently incapacitated due to accident at work.
- The non EEA national family member of the EEA national may also make an application for permanent residence in the UK, if the EEA national dies due to some accident at work or occupational disease or has exercised his / her treaty rights in the UK for at least 2 years prior to his / her death.
- The non EEA national completes five years of his residence in the UK in a combination of being a family member of an EEA national and later retaining right of his residence in the UK.
It is important to note that even a small mistake / omission may result in refusal or rejection of the permanent residence application or dismissal of the appeal / judicial review claim, resulting in making it even more complex. It is therefore strongly advised to take professional representation and leave this matter in our capable hands.
How our Immigration Solicitors can help you in making an application for Permanent Residence Card?
Our team of UK Immigration Lawyers can expeditiously deal with the applications for Permanent Residency. Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your Application for permanent residency under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
- Our Immigration Lawyers shall discuss your Permanent residence card application and advise you on the required documents and procedure.
- Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated the Immigration Appeal matters.
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
At Chauhan Solicitors, we offer our expertise of advising and representing our clients in making their applications for Permanent Residence Card. We are just a phone call or an email away and are available at 0203 514 2536 or firstname.lastname@example.org and once in contact, be assured that you are in safe hands.