EEA nationals:
how to apply for
Permanent Residence

6 July 2016

In light of the recent referendum, many European Economic Area (EEA) nationals will be thinking about how best to secure their status in the UK, ahead of a formal departure from the European Union (EU).

Should the UK go ahead with a formal exit from the EU, it is expected that transitional immigration arrangements will be made for EEA nationals in the UK at that time.

There are, however, more concrete immigration options currently available to EEA nationals in the UK, which will help to ensure that their status in the UK is as secure as possible. One of these options is to apply for confirmation of their right to Permanent Residence in the UK, otherwise known as Indefinite Leave to Remain.

What is Permanent Residence?

Permanent Residence is the right to permanently reside in the UK and is automatically acquired by EEA nationals once they have resided in the UK for a continuous period of five years or more. You must apply for confirmation, however, that you have legally acquired this right.

Do I qualify for permanent residency?

In order to qualify for confirmation of permanent residency, you must be able to show that you have lived in the UK for a continuous period of at least five years prior to submitting your application, and that you have exercised your treaty rights during this time. Your treaty rights are broadly defined as studying, working, being self-employed, or self-sufficient whilst living in the UK.

There are no strict rules on how many days you are permitted to be absent from the UK during those five years in order to qualify for permanent residency, but you should not have been absent from the UK for more than six months at a time.

How do I apply?

The application process involves a submission to the Home Office which includes documentation to evidence that you qualify for the right to permanently reside in the UK. The submission must also include an original copy of your identification documentation (either EEA passport or national ID card). It is advisable that applicants submit their ID card instead of passport where possible, as this will ensure that travel is still possible whilst the application is being processed.

Applications can only be made via post.

How long will it take?

The processing time for all EEA applications submitted in the UK is approximately six months. Given that a large number of such applications are expected following the referendum result, it would be wise to expect that your application will take the full six months to be processed.

Can my family members also apply for permanent residency?

If your family members have also been in the UK for a continuous period of five years or more, they may also apply for confirmation of their right to remain here permanently. In some cases, however, family or dependant members may need to wait until you have received confirmation of your permanent residency rights before they can apply for theirs.

Contact us for more information on your current immigration options as an EEA national in the UK. Smith Stone Walters is a UK immigration practice; moving people to the UK is what we do best.

More on Brexit and the UK’s immigration system:

Applying for British citizenship as an EEA national

How will the vote to leave affect UK employers?

EEA nationals: your post-Brexit options

Brexit: what does it mean for UK immigration?

SSW statement on referendum decision