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 LexisPSL on 23/05/2018

The following Immigration Q&A produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • 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)?

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 residence. As such, in order to apply for permanent residency, the non-EEA national fam

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