Recent changes in the political landscape have left many EEA nationals doubting their future status in the UK. To avoid the insecurity around Brexit, many EEA nationals have been trying to uphold their position by applying for permanent residence.
Earlier this year multiple news reports surfaced, claiming that about 30% of the total EEA Permanent Residence applications have been refused. We had multiple enquiries from individuals with refused requests and considering the length of the application form- at 85 pages-under no guidance, the chances of making an error are considerable. Here are some frequent questions from our clients:
So what are the eligibility criteria?
- In order to be qualified to apply for permanent residence, EEA nationals are required proof of five years of continued residence in the UK. During this period, they must exercise their Treaty Rights by contributing in a “Qualified Activity”. This can include self-employment, employment, economic self-sufficiency or study.
Note that qualifying activities can be joined together to acquire permanent residence providing they cumulate to five continuous years of qualifying evidence.
- Proof of employment is another important criteria when applying for permanent residence. For a successful outcome it is recommended that the applicant provides:
- P60 for each year of employment
- Bank statement and wage slips
- Confirmation letters from each employer
Note that if you are unable to provide these documents it is recommended to write an explanation letter with evidence such as: P45, a signed contract, a notice of redundancy, a letter of dismissal or a letter of resignation acceptance.
What if I haven’t been working continuously in the five-year period?
If you have been looking for work in the five-year period, it is recommended that you provide evidence such as:
- Rejection letter,
- Copies of job applications
- Recruitment agency registration
- Proof of training and interview invitations.
What if I am self employed?
If you are self employed, you must register with HRMC for national insurance and income tax as a self-employed individual. You must provide relevant national insurance and tax documents for each financial year.
What if I was/am a student?
If you are or was a student in the five-year period, you must provide evidence proving that you were enrolled in course study and had satisfactory funds to meet living expenses.
- Proof of enrollment can come in the form of a letter form the institutions including the name, dates, qualification and structure of the course.
- A comprehensive sickness insurance is required
Note that failing to provide proof of insurance will lead to a refusal as it having insurance whilst studying in the UK represents evidence of exercising the Treaty Rights to study.
What if I am self sufficient?
In order to qualify as a self-sufficient applicant, you must provide evidence of sufficient level of resources and finances as to not become a burden on the state.
Note that to qualify as a self-sufficient applicant you must exceed the maximum level of social assistance to which a British citizen and his family are eligible.
Evidence to support this kind of application can come in the form of a:
- Bank statements
- Pension receipt
- Provision of income from a rental property
- Lawful wage slips/ evidence of self-employment
- Building society pass evidence
Note that if you are a self-sufficient student you must provide supporting evidence of a grant or scholarship or evidence signed by a relevant EEA national confirming sufficient financial resources.
How can we help?
Master Legal Services will organize, consult and proof read you application to ensure maximum chances of obtaining your UK Permanent Residence Card.
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