New Prime Minister Boris Johnson has revealed that the United Kingdom will leave the European Union on 31 October 2019 irrespective of whether a deal can be reached with the European Union. If this is true a large number of EEA nationals who have not secured their status by applying for an EEA Permanent Residence Document or EEA Settled Status will be left in a difficult predicament. It remains unclear what options will be available for them. This news has worried many EEA nationals and their family members as their future remain unclear and leaves them in a cloud of uncertainty. EEA nationals are strongly recommended to apply for an EEA Permanent Residence Document or EEA Settled Status. If an EEA national is not eligible to apply for the above-mentioned documents they should consider applying for EEA Pre-settled Status.
What is an EEA Permanent Residence Document?
An EEA Permanent Residence Document is a formal Home Office document that allows EEA nationals to reside in the UK without any restrictions and it is equivalent to indefinite leave to remain. The document is issued under the Immigration (European Economic Area) Regulations 2016 (“EEA Regulations”).
The benefit of applying for an EEA Permanent Residence Document is that Applicants will no longer be under immigration control and the document is also required to apply for British nationality. The key difference between an EEA Permanent Residence Document and the Settled Status document is that with the EEA Permanent Residence Document you will be given a paper document with the visa endorsement. If you are granted Settled Status the Home Office will send you a letter confirming that you have settled status and there is no physical visa document. Due to the current hostile environment policy (right to work, bank and rent checks) it is probably safer to apply for an EEA Permanent Residence Document first and then Settled Status as you will be given a physical visa document which will be accepted by employers, banks and landlords in confirmation of your status in the United Kingdom.
What are the requirements for an EEA Permanent Residence Document?
An EEA Permanent Residence application is made under the EEA Regulations. Applicants can apply for an EEA Document Certifying Permanent Residence in the United Kingdom if they can satisfy the requirements listed below:
- You must be a national of an EEA country;
- You must be able to show that you are a qualified person under the EEA Regulations. This requirement can be fulfilled by showing the exercise of treaty rights or self-sufficiency;
- You must be able to provide evidence that you have been residing in the United Kingdom for a continuous period of 5 years; and
- You must not have excess absences from the United Kingdom unless there are exceptional and compelling circumstances surrounding the absences. It is possible to make submissions to the Home Office explaining the absences.
In some circumstances, Applicants will be required to show that they held comprehensive sickness insurance (students and self-sufficient persons). Non-EEA family members of EEA nationals may also be eligible to apply for an EEA Permanent Residence or Pre-settled status depending on whether the eligibility requirements can be met. To explore the requirements in greater detail please do not hesitate to contact our Immigration Team on 0207 1830 570.
I cannot apply for an EEA Permanent Residence Document what should I do?
If you do not meet the above requirements for an EEA Permanent Residence Document you may want to consider applying for Pre-settled Status document. If you do not meet the 5 years continuous residence requirement you can apply for Pre-settled status and you can apply for Settled Status once you’ve got the 5 years continuous residence requirement. EEA nationals with Pre-settled status can work in the UK, use the NHS, enrol in education and travel outside the United Kingdom for up to 2 years in a row without losing their status. If you get pre-settled status, any children born in the UK will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.
Using Legal Representation to submit an EEA Permanent Residence Document application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with your EEA Permanent Residence application. Our Solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules/EEA Regulations.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Permanent Residence Document application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules/EEA Regulations.
Successfully apply for an EEA Permanent Residence Document
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an EEA Permanent Residence application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an EEA Permanent Residence application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.