new Home Office guidance on EEA permanent residence

The Home Office have today published updated guidance on applying for EEA permanent residence.

This clarifies the types of evidence that applicants should provide to support their application. The new guidance is much more detailed especially in relation to the documents to be provided.

Some key points that are noticeable include;

  • The guidance clarifies that permanent residence can be acquired through an earlier 5 year qualifying period (does not have to be the last 5 years)
  • Only requires the applicant to list absences in excess of 6 months in 12 months (changing the paper form in keeping with the online form)
  • Providing much more clarification on supporting evidence for employment, self-employment, proof of relationship and proof of residence.
  • Confirming that some residence documents are of higher value than others. Bank statements and council tax bills are marked as “High Value” while character references/testimonials from family and friends are marked as “No Value” and not recommended to be sent.
  • Clarification that evidence of complying with the Worker Registration Scheme (WRS) is needed for nationals of A8 countries that joined the EU in 2004, up until the end of the WRS in 2011.

 

This also confirms that permanent residence is lost if you have been outside the UK for 2 continuous years. This is especially important for those who have acquired permanent residence based on an earlier 5 years – e.g. 2008-2013. In such a scenario the applicant needs to demonstrate that they have not lost permanent residence by being out of the UK for more than 2 continuous years.

If you are an EEA national resident in the UK prior to 2006, the Home Office are now confirming that such prior residence can still be used to acquire permanent residence. In effect, this means the Immigration (European Economic Area) Regulations 2006, which came into force on 30 April 2006, would confirm an earlier right of permanent residence.

If you have any enquiries on applying for EEA permanent residence then please email us on info@commonwealthimmigration.com or complete the Online Assessment form on our website www.commonwealthimmigration.com

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