Our team of expert solicitors have recently received the brilliant news that a client had been granted a document certifying her right of permanent residence in the UK. Our client has resided and exercised her Treaty Rights in the UK for over eight years and in the light of Brexit, she decided to instruct our immigration solicitors to submit an application to the Home Office. The Applicant has received the wonderful news after 3 months from submitting the online application.
The case for Application for a Document Certifying Permanent Residence
In our initial consultation with the Applicant, our solicitors were informed that the Applicant was an Eastern European national who entered the UK in 2008. The Applicant decided to relocate to the UK from Australia to work for an European office of her Australian Employer. The Applicant was concerned about the Worker Registration Scheme and whether the absence of obtaining the Worker Registration Scheme certificate would impinge on the success of her Permanent Residence application.
We were informed that the Applicant has been residing in the UK since then and decided to instruct the firm to submit an application for her residence document. We were informed that the Applicant felt unsure about her future status in the UK as a result of 23 June 2016 Brexit referendum and therefore wanted to apply for a document certifying her permanent residence and for naturalisation. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to her, the Applicant instructed us to prepare and submit her application.
Our solicitors were very happy to receive a decision within 3 months where in normal circumstances the minimum processing time is 6 months or longer due to the large influx of cases that have been filed with the Home Office due to Brexit.
How we can assist in submitting a successful Application for a Document Certifying Permanent Residence
Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focused on providing evidence of the Applicant’s residence and exercising Treaty Rights for the last 5 years. Our solicitors had to work closely with the Applicant to ensure she was able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the Applicant wanted to obtain a document certifying her rights as possible.
In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submitted the correct documentary evidence in the correct format, which met the Home Office’s requirements. We also prepared and submitted the online application form.
Eligibility for a Document Certifying Permanent Residence
In the United Kingdom, the current immigration rules governing a right of permanent residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of permanent residence.
You can apply for a permanent residence card after living in the UK for 5 years. This will prove your right to live in the UK permanently. In order to qualify for permanent residence you would need to be exercising your Treaty Rights as a worker, self-employed, self-sufficient, job-seeker or a student.
EEA nationals who are able to evidence the above may wish to apply for a document which certifies their permanent residence. Family members of EEA nationals who have held an EEA Residence Card for 5 years may also wish to apply for an EEA Permanent Residence Card if they can demonstrate their EEA national family member was exercising their Treaty Rights during their stay in the UK.
How to make a successful Application for a Document Certifying Permanent Residence
To make a successful Permanent Residence application you must meet the Home Office’s requirements, we have previously written about the stringent requirements. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal.
In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of exercising treaty Rights. The requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings (self-sufficient). You may wish to contact us if you have any questions regarding any of the requirements.
Advice from UK Immigration Solicitors on Submitting a successful Application for a Document Certifying Permanent Residence
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Permanent Residence application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules.
If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
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. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.