This week we received the wonderful news that our client (“the Applicant”) has been granted Permanent Residence in the UK. The Applicant has previously instructed to us to prepare his residence card application 5 years earlier and decided to instruct us again for his Permanent Residence application to ensure he received the same bespoke service and ultimately Permanent Residence success. LEXVISA Immigration Solicitors are specialists in EEA applications, so if you are considering applying for Permanent Residence, you should contact LEXVISA to prepare your application.
The Case for Permanent Residence Success
The Applicant was the South African spouse of a European national who had been living together in the UK with their two European national children for a period of over 5 years. We had a consultation with the Applicant to ascertain his current circumstances and future objectives, after which he instructed us to prepare and submit his Permanent Residence application. Once instructions were confirmed, we sent the Applicant a bespoke documents list which outlined all of the necessary documents he needed to provide in support of his application for Permanent Residence as the family member of an EU citizen.
We submitted the paper application form to the Home Office and received a positive decision from the Home Office within one month of receiving the certificate of application. The Applicant is eligible to apply for British nationality 12 months after the date the Home Office has stated he has held Permanent Residence.
What are the requirements for Permanent Residence success applications as a family member of an EU national?
Permanent Residence applications are made under the Immigration (European Economic Area) Regulations 2016 (“EEA Regulations”). Non-EEA family members of EU nationals can apply for Permanent Residence in the UK if they can satisfy the following requirements:
- They must be the family member of an EEA national;
- They must be able to demonstrate that that relationship is durable;
- They must be able to show that their EEA family member is 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 EEA nationals will also be required to show that they held comprehensive sickness insurance if they were students and self-sufficient during the qualifying period.
It may also be possible to extended family members of EEA nationals to apply for Permanent Residence in the UK.
Should I apply for Permanent Residence or Settled Status?
As we discussed in our article last week, the EU Settlement Scheme is now open for EU nationals and their non-EEA family members to apply for Settled Status in the UK without any restrictions (the same as Indefinite Leave to Remain under the Immigration Rules). Whilst the current Permanent Residence document will be phased out once the UK has left the EU, there are certain benefits to applying for a Permanent Residence document as opposed to Settled Status. The main benefit to Permanent Residence is that successful Applications will be given a Biometric Residence Card which is a physical document confirming the right to remain in the UK. However, the Settled Status Scheme only offers confirmation of status in a letter or email. With the current hostile immigration environment in the UK and the strict rules surrounding right to rent, right to work and right to bank checks, it is easier for European nationals and their family member to produce a physical document in confirmation of their status. There have also been many reported issues with the processing of applications under the EU Settlement Scheme; therefore it is advised to apply for Permanent Residence first.
Using Legal Representation to apply for 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 Permanent Residence applications
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.