Since this article was published, the UK has introduced a new requirement on EEA nationals in the UK. To retain existing rights after Brexit, EU citizens must register under the EU settlement scheme before the UK leaves the European Union. You can apply to become a British citizen after 12 months with settled status. Contact us for advice on your circumstances.
Before EU nationals can become eligible to apply for British citizenship, they must first apply for documentary evidence of their UK permanent residence status, using Form EEA PR. The process of applying for a permanent residence document can be demanding on applicants, requiring strict eligibility criteria to be met and extensive supporting documentation to be submitted.
EEA PR is the form you will need to complete and submit to UKVI in order to apply for a permanent residence card.
Permanent residence is automatically acquired where an individual has exercised their Treaty Rights in the UK for 5 continuous years. Applying for a UK permanent residence card will act as evidence that you have attained this status.
EEA citizens wishing to apply for British Citizenship must first hold EEA Permanent Residence for a minimum of 12 months (unless married to a British national). Documentary evidence of PR status can be sought by completing form EEA PR.
Naturalisation applications made by EEA nationals without a permanent residence document will be refused, and the application fee lost.
The permanent residence card also serves as evidence of an employee’s right to work, which their employer can rely on as an accepted document if challenged by the Home Office.
To apply, you will need to complete the EEA PR application form, and collate and submit supporting documents. In addition, you will also have to provide biometric information.
The burden is on you as the applicant to ensure you meet the eligibility criteria and satisfy all requirements before you make your application. For example, in the 12-month period prior to your application, you should aim to not be outside the UK for more than 90 days, and no more than 180 days in any prior consecutive 12-month period, with limited exceptions.
Taking professional advice will help ensure you are eligible and submitting the correct information to avoid issues with delays or refusals, and loss of the application fee.
In brief, you must demonstrate that you hold either an EEA Passport or ID Card and evidence you have undertaken one or more of the activities listed below during the 5-year qualifying period:
It is permitted for you to have been in one or a number of the above categories over the five year period. For example, you may have originally relocated to the UK to study and thereafter spent a period of time as a job seeker before securing a job or setting up your own business.
There are also a number of additional ways to qualify for permanent residence. For example, if you are:
In these cases, we can advise on the evidence requirements to support you application.
There are no strict guidelines on absences for EEA PR applications, but you must demonstrate that you are ordinarily resident in the UK. This means if you do have excessive absences – more than 6 months a year – UKVI could question whether you are ordinarily resident in the UK.
When calculating your absences from the UK, the Home Office does not count days spent travelling to or from the UK as a day of absence, except for overnight trips which are counted as one day.
While EEA applicants are required to wait 12 months from the date PR is granted before applying for naturalisation, EU spouses of British citizens are in fact exempt from the 12 month period.
It is beneficial to submit the additional documentation covering all the years you have been in the UK beyond the 5 year qualifying period.
You can apply using the online form unless you fall into one of the following categories:
Under these classifications, the application must be made using the paper form.
For your application to be successful, you will have to meet the ‘Good Character’ requirement.
It is essential that you fully detail any matters how minor or when the act was committed in your application.
UKVI carries out criminal and civil record checks for every application. Every criminal offence will be considered as part of this, no matter how minor, when the act was committed or whether the offences were committed in the UK or abroad.
Offences such as theft, drink driving, using a mobile phone while driving and being disqualified from driving are classed as criminal convictions.
You may also be prevented from applying if you have any financial issues such as being bankrupt or not having paid your council tax.
You won’t have to pass the English language test or the Life in the UK test for a PR application.
If you wish to apply for naturalisation once your PR is approved, you may wish to take the test now and include the evidence in your application.
Unless you are a national of a majority English speaking country, you must prove that you have passed English at B1 CEFR or higher test, or hold an equivalent level qualification e.g. a Degree taught in English.
All documents must be in original format except where indicated and as applicable translated into English.
Collating the documents usually takes longer than applicants expect. If you do not receive paper bills, such as bank statements or utility bills, you will need to request the originals from the issuing body. Institutions such as your bank or gas provider may take a while to send these out to you and so it is best that you contact them as soon as possible.
You will also need to send either your original passport or ID card.
If you need to travel whilst your application is being processed and you do not have an ID card, you must send your passport to the Home Office and request for it to be returned.
The current Home Office fee is £65 per applicant.
Complete the payment section on the form, and if you are paying by credit/debit card, remember to sign and date the form. If paying by cheque write your name and date of birth on the reverse.
Once your PR application has been approved, you may wish to apply for naturalisation to become a British citizen.
If your application for permanent residence has been refused, you will be given the option to appeal, or you may make a new application.
Your next step will depend on your particular circumstances, and you would be advised to seek professional advice on which course of action is most appropriate for you.
At the present time, most EEA PR applications are processed within 6 months.
The Home Office will review your documents and visa status and once satisfied that the EEA Regulations are met in full, your application will be approved. Once your application has been approved, you will be issued with a document certifying permanent residence.
If you already hold permanent residence, you can apply to transfer your status under the EU settlement scheme at no charge.
DavidsonMorris specialises in guiding and supporting EEA nationals in their applications for permanent residence and naturalisation.
We can advise on all aspects of the Home Office process, including eligibility and the documents you will need to collate and submit with your EEA PR form. We can also advise if your permanent residence application has been refused.
Contact us if you are seeking legal help in relation to your EEA PR application form. Our legal team will provide you with a professional, friendly, reliable service to avoid any issues or delays with your application.