OTS Solicitors EEA Permanent Resident Card Applications – 100% Success Rate

OTS Solicitors are delighted to announce that our success rate for Permanent Resident Card applications has been 100% successful since June 2016.

We sat down with our Immigration caseworker, Hans Sok Appadu, to discover why OTS Solicitor’s approach to obtaining the best outcome in Immigration EEA Permanent Resident Card applications is so successful and the challenges his clients encounter when making an application.

Congratulations on your success Hans

“Thank you. We have been extraordinarily busy with EEA Permanent Resident Card applications since the Brexit referendum in June. I am delighted with our success rate and the fact that the average time we take to process an application is four months as opposed to the six recommended by government guidelines. This allows our clients to have clarity on their situation faster, so they can carry on with their lives without the fear of being removed from the country hanging over their heads.”

In your experience, which groups of EEA nationals struggle the most to get a Permanent Resident Card?

“I would say it is the self-employed, self-sufficient and students that have the greatest difficulty in collating the documentary evidence required to show five years of continuous residency as a qualified person. People who are employed can usually rely on payslips and letters from employers.”

Do you come across many students or self-sufficient people who do not have comprehensive sickness insurance?

“All the time! In fact, as an Immigration lawyer, the best advice I can give is that if you are exercising your Treaty rights as a self-sufficient person or a student, do make sure you have comprehensive sickness insurance.

A lot of EEA nationals are completely unaware of the requirement to have comprehensive sickness insurance; for example, the rule affects those who have taken a break from work to look after children and hence have become reliant on the income of their partner. Although you will be exercising your Treaty rights as a self-sufficient person, if you do not have comprehensive sickness insurance you could be denied a permanent residence Card.”

Can you explain the process of applying for a Permanent Resident Card for those who are unfamiliar?

“permanent residence status is granted automatically to EEA nationals who have been living and exercising their EU Treaty rights for at least five years.

In November 2015, the Government changed the Immigration rules to include the requirement that EEA Citizens who wish to apply for British Citizenship must have obtained a permanent residence Card.

Following the decision in June that the UK would leave the EU, the demand for permanent residence Cards have really gone up.

To obtain an EU permanent residence Card, you must meet the following criteria.

• You must have lived in the UK for at least five years;
• You must have been exercising your EU Treaty rights continuously during that time, and;
• If you are exercising your Treaty rights as a student or self-sufficient person, you must have comprehensive sickness insurance.”

Can family members who are not EEA nationals apply for a Permanent Resident Card as well?

“Yes they can, so long as their family member has been exercising their Treaty rights continuously for five years.

To be eligible for permanent residence as a family member of an EEA National, you must be:

• a family member or extended family member of an EEA national qualified person or permanent resident, or;
• a former family member of an EEA national if you’ve retained your right of residence after the EEA national died or left the UK, or your marriage or civil partnership ended in divorce, annulment or dissolution, or;
• a family member of a British citizen who worked or was self-employed in another EEA state before returning to the UK (‘Surinder Singh’ cases).”

What type of evidence do I need to submit to prove I have been exercising my Treaty rights?

“For those who are self-employed, it is important to inform the HMRC that you are now working for yourself. Include any copies of self-assessment forms, invoices, bank statements etc. Self-sufficient persons can include mortgage documents, utility bills, letters from government departments and bank statements to show they have been residing in the UK for five continuous years.

Basically, the more evidence you have to support your application the better.”

Does permanent resident status last a lifetime?

“Unfortunately no. EEA nationals can lose their permanent residence status if they live outside the UK for more than two years.”

Do you have any final words of advice?

“The application document for a permanent residence Card is 85 pages long and collating the correct supporting documentation can be difficult and frustrating. Instructing an experienced Immigration solicitor to advise you on your application and give you the best guidance on the strengths and weaknesses of your position will result in a greater chance of success and a quicker turnaround on your application.”

OTS Solicitors is one of the most respected Immigration law firms in London. By making an appointment with one of our Immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. We can assist you in applying for a permanent residence Card and/or British Citizenship and answer any question you may have on your rights to remain in the UK following Brexit.

If you wish to discuss any of the points raised in this blog, please phone our London office on 0203 959 9123.