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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I have a question regarding permanent residency in UK

Resolved Question:

Hello, I have a question regarding permanent residency in UK for EU citizens. What is it and what is the difference to temporary residency status?
I'm Polish and I have been living in UK since 7 years now, working and paying taxes. Does it mean I am a permanent resident, or still temporary? Do I need to apply for any document which confirms my status?
I'm asking according to future perhaps-to-be referendum about Brittains leaving or staying in EU - what would happen with all EU citizens (Polish, Chech, Hungarian, French, German, Portugeese, etc.?) - should they leave the country then?
thanks
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you applied for permanent residence?

Tom
Customer: replied 1 year ago.

I don't know even should I, or what is it?

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You are an EEA national, which means that you are free to remain in the UK provided that you exercise your treaty rights here either by working, studying or otherwise being self-sufficient.

Permanent Residence is what an EEA national gets once they have been here for a period of time exercising their treaty rights. It means that you can stay here indefinitely.

Since May 2006 an EEA national gets this automatically after they have been exercising treaty rights for a period of five years. Please refer to the following passage for confirmation:-
“Since 30 April 2006, EEA citizens are automatically considered free of a time limit under the Immigration Rules after they have exercised their Treaty rights for any continuous 5-year period. After 5 years, they automatically receive permanent residence status. They no longer need to apply for indefinite leave to remain.”

You will see that this is contained on the following UKBA webpage under the heading “If your parents are citizens of the European Economic Area (EEA)“.

Technically you have this status automatically and there is no requirement to actually apply formally for it. However you can apply for confirmation of Permanent Residence simply to give yourself peace of mind. Guidance on how you can do this is contained on the following page:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/

You will need to submit UKBA Form EEA3 with the appropriate supporting documents to apply for this and they are available on the above page.

Once you have permanent residence you are not likely to be affected by the referendum.
Once you have held PR for one year you can naturalise as a UK citizen and get a UK passport if you wish. Details here:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/
& here:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/


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Kind regards,


Tom
Customer: replied 1 year ago.

thanks, XXXXX XXXXX - is it the same thing as Home Office used to be? I think it was called WRS? I filled it 7 years ago and now I know is not obligatory anymore.


is application for permanent residency free of charge?

Expert:  Thomas replied 1 year ago.
Hi,

The UKBA is basically the same thing as the Home Office, it is the branch of the government which deals with immigration matters.

The application for permanent residence is free of charge so you might as well apply.

Please remember to rate my answer.

Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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