EEA Permanent Residency requirements might change in the event of UK leaving European Union. Ever since the June 2016 EU referendum, the Europeans in UK live with an uncertain future. There is absence of certainty regarding the related economic impact and effect on the free movement. Currently, the best advice for the EEA nationals would be to make applications for documents that prove their residential rights. This would be the registration certificate for European nationals residing in UK for fewer than 5 continuous years, exercising treaty rights during application time.
When the family members are not EEA nationals living in UK for fewer than 5 years, this would work as the Residence Card.
Confirmation of right to the permanent residency
The current EEA Permanent Residency regulations state that EEA nationals exercising Treaty Rights within UK automatically get the permanent residency status once they reside in UK for continuous five years. As per the law, one become a resident automatically and need not apply for documentation. Most European nationals never needed to or applied for this kind of documentation. With the Brexit looming large, no one is sure of the existing rights and regulations. The best thing would be to make the applications quickly before changes come into force.
European nationals applying for Permanent EU residence card discover such processes might not be quite straightforward. The main four requirements are,
· Only EEA national or their family members can apply
· EEA national exercising treaty rights
· The individual lived in UK for consecutively 5 years without any break in residence
EEA nationals need to exercise the rights of Treaty for consecutive 5 years and it means that the citizen is studying, working, is self-sufficient, or is self-employed. When exercising the treaty rights one must live in UK lawfully for 5 years continuously. Absence of 6 months maximum does not constitute break in residence and does not affect the status of permanent residency in anyway. The stay in country should be lawful with requirement extending beyond simple exercising of Treaty rights.
Those residing in UK as student or self-sufficient individual must have a comprehensive insurance for sickness for covering the full period of residence. This point tends to be the single most common reason for refusal of permanent residency application of EEA nationals. Refusal would also occur in case of criminal convictions but this would depend upon individual circumstances. Just like the Tier 2 General Visa UK, there might be a number of reasons for application of permanent residency.
This does not grant new rights to individuals but works as document confirming your right to be here in UK. Before Brexit came into the picture EEA nationals seldom bothered with applications for PR documents from Home Office since they never felt the need but things are changing now.
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