August 2015 Permanent Right to Reside for EEA Nationals

07/08/2015

The DWP has issued new guidance to local authority decision makers in relation to permanent residence for European Economic Area (EEA) nationals and their families.

An EEA national who has permanent residence status does not need to satisfy any other right to reside conditions - meaning they do not need to also provide evidence that they have worker or jobseeker status or another right to reside status for benefit purposes.

Since 30 April 2006, EEA nationals and their family members, who have resided legally in the United Kingdom (UK) for a continuous period of 5 years in accordance with free movement rights that were in force during the 5 year period, will acquire a right of permanent residence in the UK in accordance with Regulation 15 of the Immigration (European Economic Area) Regulations 2006.

 

This means they must have resided in the UK as a worker, self-employed person (or someone who retained that status), or as a student or self-sufficient person who had comprehensive sickness insurance. Simply living in the UK for 5 years does not count.

An EEA national who has acquired the right of permanent residence on or after 30 April 2006 will only lose that right if they are absent from the UK for more than 2 consecutive years.

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