Prove your right to live in the UK as an EU citizen JPHLAW IMMIGRATION ADVICE SOLICITORS PORTADOWN

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1. Overview

You can apply for a document to prove your right to live in the UK if you’re a citizen of a European Economic Area (EEA) country or Switzerland.

You’re usually eligible for a:

* registration certificate if you’ve lived in the UK for less than 5 years

* permanent residence document if you’ve lived in the UK for 5 years (or earlier in some situations – for example, if you retire)

You may also be eligible as the partner, child or family member of someone from the EEA or 

Switzerland.

Who needs to apply

You usually need a:

* registration certificate if you’re an extended family member of someone from the EEA or Switzerland

* permanent residence document to apply for British citizenship

You don’t need either document to live in the UK if you:

* are a ‘qualified person’ (you’re working, studying, self-employed, self-sufficient or looking for work)

* have a family member who is a qualified person

* have a retained right of residence
However, a document can:

* make it easier to claim certain benefits and services

* prove you have a right to live in the UK

1. Overview

You can apply for a document to prove your right to live in the UK if you’re a citizen of a European Economic Area (EEA) country or Switzerland.

You’re usually eligible for a:

* registration certificate if you’ve lived in the UK for less than 5 years

* permanent residence document if you’ve lived in the UK for 5 years (or earlier in some situations – for example, if you retire)

You may also be eligible as the partner, child or family member of someone from the EEA or Switzerland.
Who needs to apply

You usually need a:

* registration certificate if you’re an extended family member of someone from the EEA or Switzerland

* permanent residence document to apply for British citizenship

You don’t need either document to live in the UK if you:

* are a ‘qualified person’ (you’re working, studying, self-employed, self-sufficient or looking for work)

* have a family member who is a qualified person

* have a retained right of residence

However, a document can:

* make it easier to claim certain benefits and services

* prove you have a right to live in the UK

2. Registration certificate

How you apply depends on your situation.

Apply as a ‘qualified person’

You’re usually qualified if you’re a citizen of a European Economic Area (EEA) country or Switzerland and you’re one of the following:

* working

* studying

* self-employed

* self-sufficient

* looking for work

You must provide proof that you’re qualified. Read the guidance notes with the form to check the supporting documents you need in your situation.
How to apply

You can either:

* download and fill in the EEA (QP) form and send it to the address on the form – include the £65 fee and the supporting documents listed on the form

* make a booking to apply in person at a premium service centre – bring your completed form and supporting documents

You can apply online as a qualified person but not if you’re a student or self-sufficient person and you’re either:

* reliant on a family member for financial support

* financially responsible for any other family members
Apply as a ‘family member’

If the qualified person is in your close family, or you have a retained right of residence, you can apply as a ‘family member’. You’re a family member if you’re:

* their spouse or civil partner

* their (or their spouse or civil partner’s) child or grandchild who is either under 21 or a dependant

* their (or their spouse or civil partner’s) dependent parent or grandparent

Download and fill in the EEA (FM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as an ‘extended family member’

If the qualified person isn’t in your close family (for example, they’re not your spouse or parent), you can apply as an ‘extended family member’.

You’re an extended family member if you’re their (or their spouse or civil partner’s):

* brother or sister

* cousin

* aunt or uncle

* niece or nephew

* relative from a different generation, such as a great-aunt, great-nephew or second cousin

* relative by marriage
You must also be in one of the following situations:

* you were dependent on them before coming to the UK – and you’ll either continue to be dependent on them or you’ll live in the same house as them in the UK

* you lived in the same house as them before coming to the UK – and you’ll either continue to live with them or you’ll be dependent on them in the UK

* you have a serious medical condition that means you need their personal care

Read the guidance for more detail about applying as an extended family member and who counts as a dependant.
Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as a ‘family member of a student’

If your family member is a qualified person because they’re a student, you can apply if you’re:

* their spouse or civil partner

* their (or their spouse or civil partner’s) 

* Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as an ‘extended family member of a student’
You can apply as an extended family member of a student or their spouse or civil partner. You can apply if you’re their:

* parent

* grandparent

* grandchild

* brother or sister

* cousin

* aunt or uncle

* niece or nephew
Download and fill in the EEA (EFM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as an unmarried partner

You can apply as an ‘extended family member’ if you’re the unmarried partner of a qualified person. You must show you’re in a lasting relationship when you apply.

Download and fill in the EEA (EFM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65.
2. Registration certificate

How you apply depends on your situation.
Apply as a ‘qualified person’

You’re usually qualified if you’re a citizen of a European Economic Area (EEA) country or Switzerland and you’re one of the following:

* working

* studying

* self-employed

* self-sufficient

* looking for work

You must provide proof that you’re qualified. Read the guidance notes with the form to check the supporting documents you need in your situation.

How to apply

You can either:

* download and fill in the EEA (QP) form and send it to the address on the form – include the £65 fee and the supporting documents listed on the form

* make a booking to apply in person at a premium service centre – bring your completed form and supporting documents

You can apply online as a qualified person but not if you’re a student or self-sufficient person and you’re either:

* reliant on a family member for financial support

* financially responsible for any other family members
Apply as a ‘family member’

If the qualified person is in your close family, or you have a retained right of residence, you can apply as a ‘family member’. You’re a family member if you’re:

* their spouse or civil partner

* their (or their spouse or civil partner’s) child or grandchild who is either under 21 or a dependant

* their (or their spouse or civil partner’s) dependent parent or grandparent

Download and fill in the EEA (FM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as an ‘extended family member’

If the qualified person isn’t in your close family (for example, they’re not your spouse or parent), you can apply as an ‘extended family member’.

You’re an extended family member if you’re their (or their spouse or civil partner’s):

* brother or sister

* cousin

* aunt or uncle

* niece or nephew

* relative from a different generation, such as a great-aunt, great-nephew or second cousin

* relative by marriage

You must also be in one of the following situations:

* you were dependent on them before coming to the UK – and you’ll either continue to be dependent on them or you’ll live in the same house as them in the UK

* you lived in the same house as them before coming to the UK – and you’ll either continue to live with them or you’ll be dependent on them in the UK

* you have a serious medical condition that means you need their personal care

Read the guidance for more detail about applying as an extended family member and who counts as a dependant.

Download and fill in the EEA (EFM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as a ‘family member of a student’

If your family member is a qualified person because they’re a student, you can apply if you’re:

* their spouse or civil partner

* their (or their spouse or civil partner’s) dependent child

Download and fill in the EEA (FM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as an ‘extended family member of a student’

You can apply as an extended family member of a student or their spouse or civil partner. You can apply if you’re their:

* parent

* grandparent

* grandchild

* brother or sister

* cousin

* aunt or uncle

* niece or nephew

Download and fill in the EEA (EFM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65 for each applicant.
Apply as an unmarried partner

You can apply as an ‘extended family member’ if you’re the unmarried partner of a qualified person. You must show you’re in a lasting relationship when you apply.

Download and fill in the EEA (EFM) form. Send your completed form to the Home Office – the address is on the form. Include the supporting documents listed on the form, plus payment of £65.
4. Permanent residence before 5 years
You automatically get permanent residence status in less than 5 years in certain situations.

You can apply for a permanent residence document as soon as you get permanent residence status in any of the following situations.

If you have to stop working

You get permanent residence immediately if you have to stop working permanently (known as ‘permanent incapacity’) because of either:

* an accident or illness, and your husband, wife or civil partner is a British citizen

* a work-related accident or illness that means you’re entitled to a UK pension
After you’ve been resident in the UK for 2 years

If you’ve lived continuously in the UK for 2 years you get permanent residence if you have to stop working or being self-employed because of an accident or illness (known as ‘permanent incapacity’).

You must be working or self-employed when you stop.
After you’ve been resident in the UK for 3 years

If you’ve lived continuously in the UK for 3 years, you get permanent residence when you:

* reach State Pension age – you must have been self-employed or worked continuously in the UK for 1 year beforehand

* retire early – you must have worked continuously in the UK for 1 year beforehand

* start work or self-employment in another EEA country or Switzerland – you must usually return to your UK home once a week, and have worked or been self-employed in the UK for 3 years continuously beforehand
John P Hagan / JPHLAW Solicitors offer a full range of legal services including Conveyancing Tax Commercial Criminal Family Law Divorce Wills Probate Immigration Notary Public from offices in Portadown serving all of County Armagh and Belfast
For more information visit our offices or telephone 028 38333333 
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