EEA Permanent Residence in the UK
Under the EEA regulation of 2006, permanent Residence in the UK is granted to individuals who have lived in the UK continuously for 5 years and have exercised their treaty rights in the UK.
The requirements for EEA Permanent Residence are that the EEA National or the EEA Family member need to provide evidence for EEA National's exercising of treaty right for last 5 years. An EEA National is considered to be exercising treaty rights in the UK, if he/she is -
(a) a jobseeker;
(b) a worker;
(c) a self-employed person;
(d) a self-sufficient person; or
(e) a student;
The evidence required depends on circumstances of the applicant, however, you will qualify for Permanent Residence if you have evidence for last 5 years available with you.
If you are a non-EEA National and hold Retained Right of Residence, then you will need to provide evidence for yourself to confirm that you have been exercising treaty rights as an EEA National for last 5 years.
If you are looking for professional advice, please contact us on 0203 4111 261.
'Surinder Singh Route’
‘Surinder Singh’ route facilitates British citizens to bring their non-EEA dependant family members to the UK using the EEA Regulations. The strict UK Immigration Rules does not apply to this route. Under this, the British citizen needs to exercise their treaty right in their capacity as either a worker or a self-employed person in another EEA member state and can then bring their non-EEA dependant relative to the UK under the EEA Regulations they having exercised their right to free movement in other EEA member state.
When you are in the UK under the Surender Singh Route the British National is considered as an EEA National and have to provide evidence of exercising treaty rights in the UK and outside the UK in some cases.
O v The Netherlands (Case C-456/12) – which sets new guideline
The above-named case sets fresh guidance to the ‘Surinder Singh’ route and this has become applicable law for all future cases under the said route. The new guidance now looks as:
- There should be at least three months of residence in the EEA State;
- The citizen of the Union should potentially benefit and not just workers and self-employed as previously before the guidance were promulgated;
- During the period of residence in the EEA state, family life must have been ‘created or strengthened’ and it should not just be via media. Abuse of this rule is not allowed.
This above case adds the fresh requirements in ‘Surinder Singh’. Now under the new guidance, the period of residence in an EEA State should be at least three months, and during this period of residence, family life must have been strengthened or created.
A further guidance from the Visa and Migration would benefit those in need.
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