An EEA residence card proves your enduring right to reside in the UK.
When the UK formally departs from the EU, the continuing rights of EEA nationals residing in the UK are, at this stage, unclear.
Many EEA citizens are making permanent residence applications now in anticipation that this proof of permanent residence will be recognised post-Brexit.
What is Permanent Residence?
When EEA nationals move to another European Member State for work, study, self-employment or self-sufficiency they attain the right to residence in that country and are entitled to all of the benefits afforded to residents of that Member State.
In the UK, EEA nationals and their family members, who engage in qualifying activities for a continuous period of five years, will automatically qualify for permanent residence.
Permanent residency grants a person the right to reside in that Member state, even when they are no longer participating in a qualifying activity.
Following the Brexit vote and the UK’s decision to leave the EU, many EEA nationals are making UK permanent residence applications now to preserve their future rights.
Why do I need an EEA residence card?
The right of permanent residence automatically arises when an EEA national meets the qualifying criteria.
EEA nationals can, however, make an application to the Home Office for a permanent residence card to obtain proof of their status.
From 12 November 2015, any EEA citizens intending to make an application for British Citizenship must first obtain a permanent resident card as proof of their permanent residence.
Who is eligible for a permanent residence card?
All EEA nationals, and their family members, who have resided in the UK for a continuous period of five years or more, while being engaged in:
- self employment;
- self sufficiency or
qualify for permanent residence.
These different qualifying activities can be combined together to establish five continuous years of exercising Treaty Rights.
Leaving the UK, or ceasing to engage in a qualifying activity for a period of less than six months, will not typically extinguish a Treaty Right.
Workers who are unemployed but are actively seeking work may, in certain circumstance, also be considered to be continuing to engage in a qualifying activity during this period.
In limited cases, under Article 17 of the Citizens’ Directive, workers or self employed persons may be eligible for permanent residence before five years, where they have stopped work because of retirement, incapacitation, or where they have taken work in another Member State, while continuing to reside in the UK.
There are also some situations where an EEA member can exercise ‘Surinder Singh’ Treaty Rights in the UK while residing in their home country.
Can permanent residence be lost?
Permanent residence is not as enduring as the name suggests.
Any EEA national who spends longer than two years outside of the UK or is deported from Britain may lose their permanent residence status.
What evidence do I need to apply?
Applications for EEA residence cards are made to the UK Home Office.
The evidence that is required will vary depending on which qualifying activities the applicant has been engaged in.
P45s, contracts of employment and payslips may, for example, be used as evidence of working within the UK.
Holding a residence certificate for five years will, by itself, be insufficient to qualify. A person must prove that they were actually engaged in a qualifying activity for five continuous years.
How we can help you
Applications for permanent residence cards can be complex and overwhelming for those that are not familiar with the process.
The Home Office suggests that applicants complete an 85-page form to obtain a card, though this is technically not a legal requirement.
At DavidsonMorris we have the experience to make the EEA permanent residence card application process as straightforward as possible, while giving you the best possible chance of success.