When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.
Permanent Residence is a document provided to an immigrant under the EEA rules and not the standard UK Immigration rules. This is not to be confused with ILR which is for people under regular UK immigration rules.
Do you need to apply for Permanent Residence?
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.
However, you may be inconvenienced if you do not obtain this confirmation, as:
- you may have difficulty proving that you are lawfully resident in the UK;
- if you leave the UK, you will usually need to obtain an EEA Family Permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
- you may find it difficult to obtain or change employment.
Processing times for Permanent Residence
The time taken to process your application will depend on how you make and how you submit it. EEA Permanent Residence applications have to be processed within 6 months according to EU law. The Home Office released a document that stated average processing times for both Permanent Residence and Residence Cards applications for non-EEA nationals. The documents processing times of the EEA applications was taken as an average based on the date the application was submitted until the Home Office dispatched the application and approval back to the EEA Applicant. What were the results?
For EEA Permanent Residence applicants the average waiting time for an application was 120 days (rounded up to the nearest day)
For 5 Year Residence Card applications the average waiting time for an application was 124 days (rounded up to the nearest day)
Surprising these figures are around the 6 month EU requirement for them to be processed, though if this is an average some applicants are likely to have their Permanent Residence applications processed in as quick a time as 2 months while others may be waiting for longer such as 7 or 8 months.
Factors that may cause a delay in a Permanent Residence Application?
The preparation of a Permanent Residence Application is key. If the application is not prepared to Home Office requirements then not only is there the risk of the application being rejected or refused, but also even if you qualify the application could take well over the 6 month requirement to be processed. If your application is complex such as changing jobs regularly, periods of unemployment or missing information then this can increase the delay of your EEA PR Application. To speed up your Permanent Residence Application you should:
- Ensure the application form is completed correctly and the right form is used
- Ensure the Home Office requirements are met
- Ensure correct documents are supplied as evidence of how you meet the EEA PR requirements
What documents do I need for my Permanent Residence application?
The type of documents needed for a Permanent Residence application vary depending on how your EEA family member spent their 5 years in the UK as a qualifying person. It is important that you gather the correct documents for your application to avoid delays and reduce the risk of refusal
Contact us and we can assist and advise you on how to proceed to ensure you submit the correct documents.