We have recently received the delightful news that our client’s (“the Applicant”) EEA Permanent Residence application had been successful. We received an extremely quick decision from the Home Office as they wrote to us confirming the success of the Applicant’s application in less than 3 weeks from when it was submitted.
The Case for an EEA Permanent Residence Application
The Applicant is a Belgian national who had been exercising his Treat Rights in the UK since 2003. The Applicant completed his education in the UK and has worked for the same employer in the UK since 2011. He had also been resident at the same UK address throughout the 5 year qualifying period and had a limited number of absences from the UK. In fact, the majority of his absences from the UK were short business trips relating to his employment.
During 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 thorough review process, our immigration team managed to flag out any potential issues to the client in regard to 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.
What are the main requirements for an EEA Permanent Residence Application?
EEA nationals may be eligible to submit an EEA Permanent Residence application if they can meet the eligibility requirements under the Immigration (European Economic Area) Regulations 2016 (“EEA Regulations”). An EEA Permanent Residence application is made under the EC Directive 2004/38. The main eligibility requirements are as follows:
- The Applicant must be a national of an EEA country;
- The Applicant must be a qualified person;
- The Applicant must have Comprehensive Sickness Insurance if they are a student or self-sufficient;
- The Applicant must be able to demonstrate 5 years continuous residence in the UK; and
- The Applicant must not have any excess absences from the UK during the qualifying period.
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 making an EEA Permanent Residence application may be eligible to apply using the European Passport Return Service.
Submitting an EEA Permanent Residence Application after Brexit
Once the UK has left the EU, Applications for EEA nationals will change. The Government’s Settled Status Scheme is set to be introduced in late 2018, in preparation for the UK’s exist from the EU. As the free movement of persons will no longer apply to the UK and therefore applications from the EEA will become more complex and likely to be in line with the Immigration Rules for non-EEA applicants. This means that instead of applying for a document certifying permanent residence in the UK after being in the UK for a minimum of 5 years and subject to the above-mentioned requirements, Applicants will need to apply for a ‘Settled Status’ document. Those who already have an EEA Permanent Residence document can simply convert it to the settled status document, therefore if you feel as if you are eligible to apply for a document certifying permanent residence now or before March 2019, call our immigration team to schedule a meeting with our immigration solicitors in order to discuss your options.
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.