Permanent Residence

Apply for permanent residence in the UK
Apply for permanent residence in the UK

The right of permanent residence for EEA nationals and their family members under European Law is laid out in Chapter IV of Directive 2004/38 and Regulation 15 of the Immigration (EEA) Regulations 2006.

EEA nationals and their family members who have lived in the UK continuously for 5 years exercising their EEA free movement rights will acquire the right of permanent residence. In certain circumstances however the right of permanent residence is acquired in less than 5 years.

Continuity of residence is not affected by temporary absences which don’t exceed 6 months in a given year.

However once permanent residence in the UK has been acquired, it can be lost if there is an absence from the UK for more than 2 consecutive years.

The right of permanent residence is not absolute and is subject to Regulation 19(b) concerning Public Policy, Public Security and Public Health requirements being met.

Should I get legal advice?

As with any other legal matter, you should consider getting specialist legal advice and representation for your permanent residence application. Otherwise, you may end up making a costly mistake resulting in refusal of your application. That refusal may also complicate things further as any future application may also be impacted by the initial refusal.

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Eligibility for EEA Permanent Residence

The following are eligible for permanent residence in the UK:

  • EEA nationals who have lived in the UK continuously for 5 years exercising free movement rights (e.g. lived as worker, self-employed, self-sufficient, student);
  • Non-EEA national family members who have lived in the UK continuously for 5 years during which time their EEA national family member has been exercising free movement rights;
  • A worker or self-employed person who has ceased activity;
  • The family member of an EEA worker or self-employed person who has ceased activity;