Permanent Residence

♠ A person who was the family member of an EEA worker or self-employed person, where:
o The EEA worker or self-employed person has died;
o The family member resided with the deceased immediately before death; and
o The deceased EEA worker or self-employed person had resided continuously in the UK for at least the two years immediately before death or the death was the result of an accident at work or occupational disease;

♠ A person who:
o Has resided in the UK (in accordance with the 2006 Regulations) for a continuous period of 5 years; and
o has 'retained right of residence'.

The residence in the Channel Islands or the Isle of Man prior to coming to the UK does not count towards the 5-year qualifying period.

What is 'Ceasing Activity'?
“A worker or self-employed person who has ceased activity” means an EEA national who satisfies the following conditions (regulation 5 of the 2006 Regulations applies):

♠ he terminates activity as a worker or self-employed person and:
o has reached the age at which he is entitled to a state pension on the date on which he terminates activity; or
o in the case of a worker, ceases working to take early retirement;
o pursued his activity as a worker or self-employed person in the UK for at least twelve months prior to the termination; and
o lived in the UK continuously for more than three years prior to the termination.

  ♠  he terminates activity in the UK as a worker or self-employed person as a result of a permanent incapacity to work; and either:
o lived in the UK continuously for more than two years prior to termination; or
o the incapacity resulted from an accident at work or an occupational disease that entitles him to a pension payable in full or in part by an institution in the UK.
♠  he is active as a worker or self-employed person in another EEA State but retains his place of residence in the UK, to which he returns as a rule at least once a week; and
o before becoming active in that EEA State, he was continuously resident and active as a worker or self-employed in the UK for at least three years. - regulation 5(4)

The conditions as to length of residence and activity as a worker or self-employed do not apply if the person in question has a British spouse or civil partner.

Periods of activity
The following are treated as periods of activity:

♠ periods of inactivity not due to person's own fault;
♠ periods of inactivity due to illness or accident;
♠ if a worker, periods of involuntary unemployment duly recorded by the job centre.

Processing, fee & validity
After the application, if successful, EEA nationals are issued the Permanent Residence Card with a proof of entitlement as soon as possible. The processing time for non EEA national applicants can however be as long as six months.

Unlike applications under the UK immigration rules, the EEA nationals and their family members do not have to pass the English and the Life in the UK tests. A £55 application fee is applicable.

The proof of entitlement to permanent residence (Document Certifying Permanent Residence) does not have a date of expiry. However, a permanent residence card is only valid for ten (10) years and must be renewed by way of application.

The validity of the right of residence however is subject to Regulation 20(3) which concerns the loss of the right. Furthermore the Document Certifying Permanent Residence and a Permanent Residence Card will both cease to be valid if the beneficiary ceases to have a right of permanent residence under Regulation 15(2).