Q&As

Is a non-EEA national family member able to apply for a permanent residence card using form EEA(PR) from 28 days before their five year eligibility period ends (or must they wait until the end of that period)?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on: 23 May 2018
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Under Regulation 15(1)(b) of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016), a non-EEA national family member acquires the right to reside in the UK permanently where they have resided in the UK with the EEA national in accordance with the EEA Regs 2016, SI 2016/1052 for a continuous period of five years. This right is acquired by the non-EEA national whether or not they then apply for a Permanent residence card, the issue of a permanent residence card is confirmation of the current rights of the applicant rather than a grant of permanent residence itself.

EEA Regs 2016, SI 2016/1052, reg 19(2) confirms that a permanent residence card must be issued to a person who is not an EEA national upon production of a valid passport and proof that they have a right of permanent

Gary McIndoe
Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).


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Jurisdiction(s):
United Kingdom
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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