We recently received the wonderful news that a client’s (“the Applicant”) EEA Permanent Residence application had been successful. In our initial consultation with the Applicant, we discovered the circumstances and facts surrounding his application and were instructed for the preparation and submission of an EEA Permanent Residence application.
The Case for an EEA Permanent Residence Application
EEA nationals who are currently exercising their Treaty Rights in the UK for a period of more than 5 years may be eligible to apply for an EEA Permanent Residence application document. EEA nationals can exercise Treaty Rights by searching for employment, working, studying or being self-sufficient.
In this particular case, the Applicant was a Romanian national who had been exercising his Treat Rights in the UK since July 2004. The Applicant had worked for various organisations in the UK and at the time his EEA Permanent Residence application he was working as a bus driver in London. In our initial consultation with the Applicant, we had discussed the merits and demerits of his application. After speaking to our solicitors the Applicant instructed us to prepare and assist with the submission of his EEA Permanent Residence application. Through our meticulous and thorough process, our immigration team managed to flag out any issues to the client of any potential issues with his EEA Permanent Residence application and managed to prepare the application as strong as possible by accompanying the EEA Permanent Residence application with our bespoke legal representations.
Requirements for EEA Permanent Residence Applications
EEA nationals may be eligible to submit an EEA Permanent Residence Application if they can meet the eligibility requirements under the EEA Regulations. An EEA Permanent Residence Application is made under the EC Directive 2004/38. We have listed some of the basic eligibility requirements below:
- Applicants must be a national of an EEA country;
- Applicants must be a qualified person;
- Applicants must be able to demonstrate 5 years continuous residence in the UK; and
- Applicants must not have any excess absences from the UK.
Non-EEA family members may also be eligible to apply for an EEA Permanent Residence document. In order to apply, the non-EEA family member must demonstrate that he/she is the family member of ‘qualified person’ and that they are residing with them in the UK.
Applicants applying for an EEA Permanent Residence application may be eligible to apply using the European Passport Return Service.
EEA Permanent Residence Application after Brexit
The future remains unclear for EEA nationals who are in the UK exercising their Treaty Rights under the EEA Regulations. Whilst the UK Government has suggested it will continue to encourage EEA nationals to come and work/study in the UK post-Brexit. The UK Government has failed to reassure those EEA nationals who are already in the UK exercising their Treaty Rights. Prime Minister Theresa May has recently proposed a new streamlined process in which EEA nationals who at the time of withdrawal hold an EEA Permanent Residence application document can apply to convert it into a Settled Status document. It is currently understood that the Settled Status document will only be available for EEA nationals who hold an EEA Permanent Residence application at the time of the UK’s withdrawal from the EU in June 2019. This raises serious alarm bells for anyone who has not obtained an EEA Permanent Residence application document. It is not clear what the new process entails and what costs it may involve but it is likely that the Settled Status Document application will be made under the robust immigration rules and not the favourable EEA Regulations.
Using Legal Representation to Apply for EEA Permanent Residence Application
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 an EEA 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 EEA 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 EEA Permanent Residence application meets the Immigration Rules.
Successful EEA Permanent Residence Application
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 EEA 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 EEA 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 EEA 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.