EEA Permanent Residence Cards applications submitted in large number due to the uncertainty surrounding Brexit. However, the refusal rate is high; around 28% of applications are refused or rejected.
The British government has announced that following Britain’s official departure from the EU, EEA nationals and their family members who have lived in the UK will be entitled to apply for Settled Status. People who have already received an EEA Permanent Residence Card can transfer this to Settled Status at no additional cost.
Until the Settled Status process is finalised (the application form is expected to go live in late 2018), EEA nationals living in Britain who wish to solidify their status or obtain British Citizenship need to apply for an EEA Permanent Residence Card. To help you understand the 85-page application document and ensure your best chance of acceptance, here are our five top tips for applying for EEA Permanent Residence Card.
EEA Family Permit / Residence Card Refused : How to Appeal the Decision?
One – Instruct a Professional to help filling out the Form for your EEA Permanent Residence Card Application
The form for an EEA Permanent Residence Card is 85-pages long. It is highly complex and one of the main reasons for UK Visas and Immigration (UKVI) refusing an application is the form has not been filled out correctly.
By instructing an immigration lawyer to help you fill in the document, you can be confident it will be completed accurately. They will advise so you do not neglect to add any essential information, for example, a complete list of your periods of absence from the UK during the last five years.
Having your EEA Permanent Residence Card rejected because of a simple mistake on the form is extremely common. Investing in quality professional advice from the outset can prevent this from happening to you.
Two – Understand the Requirements for an EEA Permanent Residence Application
If you are an EEA national or a family member of an EEA national, there are certain eligibility requirements you must meet to be granted permanent residency. Some of them include:
- You or the EEA family member must have been living in the UK and exercise treaty rights as an employee, student, self-sufficient person, or self-employed person for at least five years.
- You must have proof you are a family member or extended family member of an EEA citizen.
- You must have been living in the UK legally for continues required period.
Failure to have Comprehensive Sickness Insurance is a common reason for applications for EEA Permanent Residence Cards being denied for those whose sponsor is exercising treaty Rights as a self-sufficient person.
To avoid wasting valuable time and money on applying for an EEA Permanent Residence Card, speak to an immigration lawyer prior to starting your application. They can identify the strengths and weaknesses of your situation and write a detailed covering letter to accompany your application explaining any issues to UKVI. See the importance of engaging the services of a knowledgeable professional.
Three – If you have entered the UK under the Surinder Singh Route you may be eligible for Permanent Residence and must ensure you understand the ‘Centre of Life’ Principle
Gaining residency rights in the UK under the Surinder Singh route is highly complex, and what’s more, the British government has not hidden its intense disapproval of the ‘loophole’ which allows non-EEA nationals to enter the country through the back-door of the European Union.
The Surinder Singh route enables a non-EEA family member of a British citizen to derive their right to enter the UK from EU law after living in another EU Member State with the EEA family member. To be eligible, the couple must prove they made the EU Member State where they resided, the ‘centre of their life’.
The ‘centre of life’ test does not necessarily depend on how long the couple has resided in the Member State, rather, UKVI will look at factors such as:
- Why you moved to the country
- Did you make an effort to learn the language?
- Did you own property?
- How much did you integrate with the local community?
- Did you have any children in the host Member State and did they attend school?
Failure to fully understand the eligibility requirements of the Surinder Singh route can result in an application for an EEA Family Permit and EEA Permanent Residence Card being denied.
Four – Send the Correct Documentation with Your EEA Permanent Residence Application
Failure to submit the correct documentation with your application is a common reason for refusal. However, many EEA nationals and their family members do not have many of the documents required. For example, a self-employed person may not have kept five years’ worth of invoices. An experienced immigration lawyer can advise you on collating the necessary documents required to obtain an EEA Permanent Residence Card, saving you from the frustration and hassle of having to reapply or appeal a negative decision.
Final Words
As the UK moves closer to Brexit, many EEA citizens and their family members will be feeling a sense of urgency to ensure their right to live and work in the UK are secure. An EEA Permanent Residence Card not only provides you with evidence you have the right to be in the UK, but it is also a necessary step to obtaining British Citizenship.
A Y & J Solicitors have helped many EEA nationals and their family members acquire permanent residence and British Citizenship. Our clients feel listened to and have confidence that their immigration matter will be expertly sorted.
Client says, “This has been my second experience with the team and must say its surpassed on the satisfaction front. Highly recommend A Y & J for any immigration specific consultation or complete service
For assistance with all matters relating to EEA Family Permits and Permanent Residence Cards, talk to one of our team for friendly, practical, accurate advice.
A Y & J Solicitors are specialists in immigration law based in central London. If you would like to have more information, please contact us at [email protected] or call +44 20 7404 7933.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.
