LEXVISA is delighted to announce that our client (“the Applicant”), along with her two children, have been given a Document Certifying Permanent Residence in the UK as EU nationals who have been in the UK for 5 continuous years. These applications were made under the Immigration (European Economic Area) Regulations 2016 (“EEA Regulations”) and whilst EU nationals are still able to make these types of applications, come 31 December 2020 these documents will no longer be valid and Applicants will need to convert their leave under the EU Settlement Scheme or apply for British citizenship if they have held Permanent Residence for one year and meet all the other requirements. We specialise in applications under the EEA Regulations and EU Settlement Scheme and are happy to arrange a meeting with one of our solicitors in order to discuss the prospects of each case on its own merits.
The Case for Permanent Residence Success
The Applicant was a Portuguese national who along with her two Portuguese national children had been living together in the UK for a period of over 5 continuous years. We had previously assisted the Applicant’s husband successfully apply for Permanent Residence and in light of EU nationals needing to secure their leave in the UK following Brexit, therefore once we confirmed that the Applicant could provide the requisite documents demonstrating continuous lawful leave in the UK, we began preparing the applications. We sent the Applicant a bespoke documents list which outlined all of the necessary documents that were needed to demonstrate 5 years continuous leave in the UK, including employment documents from the main Applicant as well as documents demonstrating the children’s residence in the UK.
We submitted the online application forms and uploaded the supporting documents onto the UKVCAS website prior to the Applicants’ appointment at the application support centre to give their biometrics. Within the 6-month service standard processing times we received the positive decisions and the Documents Certifying Permanent Residence in the UK. The Applicants are eligible to apply for British nationality 12 months after the date the Home Office has stated they acquired Permanent Residence.
What are the requirements for a Document Certifying Permanent Residence in the UK?
An application for a Document Certifying Permanent Residence in the UK is made under the EEA Regulations and whilst prior to Brexit it was not mandatory for EU nationals to apply for this (unless applying for British citizenship) it demonstrates the Applicant’s lawful status in the UK. To get a Document Certifying Permanent Residence, Applicants must demonstrate the following:
- That they are an EU national and can provide a valid passport or national ID card;
- They must be able to show that they are a qualified person under the EEA Regulations. This requirement can be fulfilled by showing the exercise of Treaty Rights or self-sufficiency in the UK;
- They must be able to provide evidence that you have been residing in the UK for a continuous period of 5 years;
- They must not have excess absences from the UK 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, the Applicant will also be required to show that they held comprehensive sickness insurance if they were students and self-sufficient during the qualifying period.
What is the difference between Permanent Residence and Settled Status?
As the UK has left the EU, among other things, this means the end to free movement. Therefore, EU nationals can no longer remain in the UK without applying for some sort of confirmation that they are legally allowed to be in the UK as they can currently under the EU Regulations. Therefore last year the UK Government introduced the EU Settlement Scheme. Under the Scheme, Applicants will either be granted Settled Status or Pre-Settled Status depending on the length of continuous residence in the UK. There are not many differences between Permanent Residence and Settled Status however we briefly mention a few key similarities and differences below:
- The qualifying periods are the same – 5 years for Settled Status (Permanent Residence) and less than 5 years for Pre-Settled Status (Registration Certificate/Residence Card);
- Non-EEA national family members and extended family members are allowed to apply if they can demonstrate their genuine relationship with the EU national family member;
- The rights and entitlements of EU nationals in the UK remains the same;
- Can apply for British citizenship after holding Settled Status/Permanent Residence for 12 months.
- EU nationals will not be given a physical document demonstrating their status in the UK, everything is retained electronically;
- It is free to apply under the EU Settlement Scheme;
- There is no right of appeal for unsuccessful applications made under the EU Settlement Scheme prior to 31 January 2020, however, Applicants may re-apply up until 30 June 2021 or apply for an Administrative Review; and
- No evidence of comprehensive sickness insurance is required under the EU Settlement Scheme.
Using Legal Representation to apply for a Document Certifying Permanent Residence in the UK
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Permanent Residence application.
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 Permanent Residence application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Permanent Residence application meets the relevant Rules.
Successful applications for a Document Certifying Permanent Residence
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 immigration status and the merit of your Permanent Residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Permanent Residence application and ensure that you meet all the requirements of the relevant rules.
We 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Permanent Residence application. 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.