Did you know that an EEA national, or even a non-EEA family member, can gain permanent residency under the EEA Regulations without spending 5 years in the UK?

By 1st 4Immigration - #1 UK Immigration Experts -
Normally, in order to qualify for permanent residency under the EEA Regulations, an EEA national must have exercised Treaty rights in the UK for 5 years, such as working, being self-employed or being self-sufficient (which includes students) – or a combination of those.

Yet there is one exception, based on an EEA national worker who ceased activity. If an EEA national worked in the UK (for less than 5 years) but then ceased activity, then he/she qualifies for permanent residency immediately. 

The above also applies to a non-EEA family member of the above and it applies if a family member became such after the EEA worker has ceased activity. For example, an EEA national ceased activity in 2012 and obtained permanent residency, then married a non-EEA national in 2014. In this example, a non-EEA national will gain the right of permanent residency upon marriage! That’s without even 1 year in the UK!

There is of course a ‘catch’. There is a definition of a ‘worker who has ceased activity’ and it is described in the EEA Regulations, in its own dedicated regulation in fact. It is only if an EEA national meets that definition he/she can benefit from it. Broadly, it is based on the EEA national's work in the UK first for a number of years (less than 5) and then either retiring or to ceasing work as a result of an injury or accident which made an EEA national incapacitated.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

 

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