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Permanent residence for European nationals and their family members

Individuals who are currently in the UK by virtue of their EEA nationality or that of their family member can normally qualify for Permanent Residence after completing five years in the UK in this category.

It is important to note that the UK Border Agency treats applications from EEA nationals and family members in a different manner to those made under the Immigration rules. There are a number of notable differences:

  • After spending five years in the UK, EEA nationals and their family members apply for ‘Permanent Residence’ rather than ‘Indefinite Leave to Remain’. Once achieved, these statuses are essentially the same;
  • EEA nationals and their family members do not pay an application fee when applying to the UK Border Agency under EU law;
  • Unfortunately it is not currently possible for EEA nationals and their family members to apply for Permanent Residence using a premium same-day appointment. Instead, these applications should be made by post.

Although the UK Border Agency does not charge an application fee for this type of application, individuals submitting these applications themselves risk waiting for up to six months whilst the UKBA are deciding the application only for it to be refused due to a relatively minor problem.

It is important to get such an application right first time, especially if the applicant or their family members need to travel outside of the UK. We offer a comprehensive Permanent Residence application service that gives the applicant the best chance of success.

Our consultancy fee for assisting with a postal application is currently £400 + VAT. If you are interested in using this service, please do not hesitate to contact us.