With Brexit on the horizon, European nationals and their family members, who are currently living in the UK, may wish to consider obtaining confirmation of the right of residence in the UK under European law. For a free initial consultation, call our immigration Solicitors on 0203 909 8399 or contact us online.
At present, a European national may live and work in the UK if you are exercising your rights under European law as a worker, a self-employed individual, a self-sufficient person or as a student. Provided that you can demonstrate this, your family members would also be entitled to live with you in the UK.
Qualified person registration
To successfully apply for an EEA Registration Certificate, you must meet the following criteria:
- You must be a citizen of one of the EEA member states (see below if you’re unsure).
- You must be working, actively seeking employment, studying or be able to financially support yourself and have required levels of sickness cover. The status of ‘working’ covers both those who are in employment, as well as those who are self-employed.
Under the current regulations, EEA nationals who have been exercising their Treaty Rights in the UK will automatically acquire Permanent Residence status after living for five continuous years.
In general terms, the three requirements needed for acquiring Permanent Residence status are:
- The applicant is an EEA national (or a family member of an EEA national)
- The EEA national is exercising his or her treaty rights
- The EEA national has lived in the UK for five consecutive years, without a break in their residence.
Every EEA national has to be exercising their Treaty rights for a period of five consecutive years. This means that an EU citizen must be either:
- self-sufficient; or
Five continuous years
You need to have lived lawfully in the UK for five continuous years whilst exercising your treaty rights. Absences of up to six months will not be considered a break in your residence and generally won’t affect your right to Permanent Residence status. Your stay in the country must be lawful, and this requirement can extend beyond just exercising your Treaty rights.
For example, if you are living in the UK as a self-sufficient person or a student, you must also have comprehensive sickness Insurance to cover the entire period you are relying on. In these cases, this is the main reason for the refusal of an EEA Permanent Residence Card application. Refusals also commonly occur where an EEA national has criminal convictions, however, this depends on the circumstances of each individual case.
Further information, help, and advice
Our immigration solicitors regularly assist EEA nationals and their family members to relocate to and settle 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.
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