Do I need a permanent residence card?

With so much talk of Brexit and the settlement scheme and settled status and pre-settled status, most EU citizens living in the UK are thoroughly confused. Some of that confusion stems from talk of permanent residence cards.

top London immigration solicitors advise that permanent residence cards are issued to non-EEA nationals who are family members or extended family of EEA nationals. An EEA permanent residence card confirms a right of permanent residence in the UK.

In order to secure a permanent residence card, the best London immigration solicitors advise that you need to be able to establish that:

• You have lived in the UK continuously for five years either with your EEA family member or extended family member; and

• You have not left the UK for over 6 months in any 12 month period (although the rules allow an exception for one long absence if it is for an important reason such as a family bereavement or pregnancy ); and

• The EEA family member or extended family member has been exercising treaty rights over the five-year period of your continuous residence in the UK. The EEA family member or extended family member must be a permanent resident or qualified person.

You may also be able to secure a permanent residence card if you have a retained right of residence or you make a ‘Surinder Singh ‘application.

The government has stated that it proposes that if you have a permanent residence card you can transfer to the settled status under the settlement scheme.

How can OTS Solicitors help?

OTS Solicitors are specialist in Immigration law matters. The Legal 500 recommend London based OTS Solicitors for Immigration law.

For advice on permanent residence cards or to discuss how Brexit and the settlement scheme may affect you, your family, and the option of applying for settled status or for information on any other aspect of Immigration law please call us. To arrange an appointment call 0203 959 9123 to speak to one of our experienced London immigration solicitors.

If you obtain a permanent residence card, it does not affect your nationality. You will not acquire British Citizenship because you get a permanent residence card.

If you are not an EEA citizen but you have a permanent residence card, then you have the right to live in the UK.

A permanent residence card normally lasts for 5 years. However, if you currently have a permanent residence card, it will not be valid after the 31 December 2020.

You and your family can make an application under the settlement scheme. The pilot settlement scheme is in force. It is planned that the settlement scheme will become operational on the 30 March 2019.

A qualified person under Immigration rules is someone who is in the UK and they are:

• Working; or

• Self-employed; or

• Self-sufficient – not reliant on state benefits; or

• Studying; or

• If they meet criteria, looking for work.

Who is classed as the family member of an EEA national?

top London immigration solicitors advise that you are classed as the family member of an EEA citizen if you are:

• Their husband or wife or civil partner; or

• Their child or grandchild who is under the age of 21 or a dependant; or

• Their spouses or civil partner’s child or grandchild who is under the age of 21 or a dependant; or

• Their dependant parent or grandparent; or

• Their spouses or civil partner’s dependant parent or grandparent.

If you are applying for a permanent residence card based on a family member who is a student you can only do so if you are:

• Their husband, wife, or civil partner; or

• Their dependent child; or

• Their spouses or civil partner’s dependent child.

The top London immigration solicitors advise that an extended family member of an EEA citizen is someone who is:

• The unmarried partner of the EEA citizen. The relationship has to be a lasting one that is similar in strength to a marriage or civil partnership; or

• A relative of an EEA citizen or a relative of their husband, wife, or civil partner who is not classed as a “family member”.

The best London immigration solicitors say that if the EEA citizen is a student then relatives can include a parent, grandparent, or grandchild.

“Relatives” cover a wide range of family members including brothers, sisters, nephews and nieces. However, it is not sufficient to be a relative of an EEA citizen. You also have to show that:

• Prior to coming to the UK you were dependent on the EEA citizen or you were a member of their family household and you are still dependant or a member of their household; or

• You need personal care from the EEA citizen on serious health grounds. The care can also be required from the EEA citizen’s spouse or civil partner.

permanent residence card or settled status under the settlement scheme.

It is important that EU citizens and the family and extended family members of EU citizens look at their Immigration status options. In the opinion of the best London immigration solicitors it is better to plan and be prepared for Brexit.

OTS Solicitors recommended for Immigration law in the Legal 500. London based OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.