Let us first understand the meaning of Permanent residence, simply put “permanent residence is the right to live permanently in a Member State irrespectively of whether the holder of the status is exercising Treaty rights as a worker, self employed person, self sufficient person, student or family member of one of these categories. In essence it takes into account the first five years of residence depend on being a worker, self employed, self sufficient, student or family member but after that the person can lose their job, cease economic activity or cease being a family member but still be entitled to reside in the Member State concerned.
Permanent residence is acquired after five continuous years of possession of the right of residence. The right of residence is possessed by a person who is exercising Treaty rights, which means moving to another Member State within the EEA other than your own and then engaging in one or more of:
- work
- self-employment
- self-sufficiency and
- student
The family members of an EEA citizen who engages in one of these activities will also qualify for permanent residence after five years.
It is important to note that absences from the UK of up to six months do not directly disqualify or prevent a person from acquiring permanent residence, for instance someone may be working in jobs that require them to be out of country for six months or they could take a career break for six months and not be employed. As a general principle anything up to six months should be acceptable and even longer can be permissible for instance maternity leave of up to 12 months should be fine.
If you would like to apply for Permanent Residence card for the EU National or the non EEA Family member then you can book an appointment with our UK Immigration experts at SmartMove2UK by calling +919819127002 or email us to book a slot.
