This Practice Note covers the circumstances where Permanent residence (PR) can be acquired early by the EU nationals and their family Members residing in the host Member State under EU free movement law, in derogation of the general rule (see AT v Pensionsversicherungsanstalt, [37]–[38]), which lays down a period of five years continuous lawful residence.
Accordingly, PR can be acquired early, prior to the Completion of five years of continuous legal residence, where an EU national has ceased employment or self-employment in the specific circumstances detailed below. These provisions are not very well publicised.
Note that throughout this section, the term ‘EU nationals’ also includes nationals of the countries in the EEA, which include the 27 EU Member States as well as Norway, Iceland and Liechtenstein. Switzerland is party to the Agreement between the EU and the Confederation of Switzerland with free movement rules which are very similar to the rules contained under Directive 2004/38/EC (the Citizens’ Directive).
For these purposes the following will be counted as periods of active work or self-employment:
- •
periods of
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Jurisdiction(s):
European Union
Key definition:
Permanent residence definition
What does Permanent residence mean?
Right to reside permanently (without limitation of time) in the United Kingdom in accordance with Immigration (European Economic Area) Regulations 2006, SI 2006/1003.
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