EU nationals who have been in the UK for 5 years or more Exercising Treaty Rights as a Qualified Person will have obtained permanent residence automatically.
Although there is still no legal requirement to obtain a residence card, documenting your immigration status in the UK is now highly advisable. Indeed, the lack of commitment on the part of the government to guarantee the future of EU/EEA nationals in the UK has had far reaching consequences.
We hear that financial lenders are shying away from offering mortgages to EU nationals. We also hearing from EU nationals who are not currently Qualified Persons being reluctant to travel out of the UK for fear of not being allowed back into the country.
The Form to apply for a document certifying permanent residence is the EEA PR form. There is a paper version and an online version, the online version is much shorter and simpler to complete. It does not ask for each absence from the UK to be listed. Applicants wishing to use the European Passport Return Service (EPRS) should complete the online form. At present the processing fees for the EEA(PR) are £65. There will be additional fees for those using the European Passport Return Service.
LITTLE KNOWN FACTS:
- The required five years could be any five year period, not just the last five years.
- You can can mix and match your qualifying activities, for example, you could combine three years of payed employment with two years of self sufficiency or being a student (so long as you had comprehensive sickness insurance)
- There are circumstances where you might still have permanent residence even though you have not exercised treaty rights for 5 years. This will be the case for those who worked initially and then retired. It will also be the case for those who have permanent incapacity following a period of employment.
- In general terms, and EHIC card issued by another member state cannot be relied on as proof of Comprehensive Sickness Insurance (CSI) when applying for a document to certify permanent residence.
- For those who were out of work for a period of more than six months during the five year qualifying period, they will need evidence that they were registered as unemployed and seeking work of self sufficient with CSI
- EU citizens from one of the A8 countries (Czech Republic; Latvia; Poland; Estonia; Hungary; Lithuania; Slovakia; Slovenia) should not rely on a period of employment if they failed to register under the Worker Registration Scheme (WRS) when they were expected to. Working without being registered will be regarded as unlawful and will be discounted from the period of residence claimed.
- The extension of the WRS scheme between 2009 and 2011 is regarded as unlawfulas per TG v Secretary of State for work and pensions, CPC/1026/2014; UKUT50 (AAC). Unfortunately the Home office has yet to implement the judgement and caseworkers are still refusing applications from A8 nationals who were not registered between 2009 – 2011.
- Permanent residence can be lost through being absent from the UK for two years or more.
Please contact us if you have any questions or suggestions on any of the above:
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