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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

EEA Citizens living in the UK & Permanent residency

06 March 2017 Grace McGill Immigration

Many EEA nationals are making permanent residency applications in the wake of the Brexit vote and in the hope that this brings with it some sense of security. Indeed permanent residence is a prerequisite for anyone looking to naturalise as a British Citizen. SeeThe British Nationality (General) (Amendment No. 3) Regulations 2015

But what does all of this mean? What are the realities of the endless articles, laws, rules and policy guidance?

In brief, any EEA national living in the UK must be exercising Treaty rights by being engaged in a qualifying activity ie: Employment, self employment, study & economic self sufficiency. These activities can be combined together to establish the continuous residency period of 5 years. Where any EEA national has continuously exercised such Treaty rights for a period of 5 years, they will be in a position to seek recognition of their permanent residence. Once this is obtained then the EEA is no longer dependent on maintaining the exercise of Treaty Rights.

The evidence that is required in addition to the EEA (PR) form is similar to that of the form , complex and voluminous. But no surprise there. Take a sensible approachproviding the most up to date documentary evidence you can : wage slips / P60's/ contract andletter from employer confirming period of employment , salary and working time. If there has been a change of employment for whatever reason, then produce a trail of evidence which speaks to the situation : P45/ redundancy notice/ letter of dismissal. Include verifying bank statements for each period of employment. Where self employed, produce evidence of registration with HMRC, accounts and income tax details. Include company registration details and certificates. Include business bank statements as well as personal bank statements.

For students applying for permanent residency, evidence must be adduced confirming enrollment in a College or University ( recognised ) in the UK and financial standing. Much has been said of late regarding the comprehensive sickness insurance that is also required. See Freemovement Blog for which provides an excellent account as to the detail . 

Self sufficient applicants again require to evidence their financial standing and to this end require to produce itemised bank statements, pension details, income from other sources, etc. Again comprehensive sickness insurance must have been in place during the relevant period. 

The Home Office guidance is to be found here.

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