Everything You Need To Know About Permanent Residence Cards and Registration Certificates

Regardless of the outcome of the EU Referendum vote, the debate had at times been vicious. According to Professor Michael Dougan, the University of Liverpool Law Lecturer and EU expert, whose speech heavily criticised the information being given to the public by campaigners from both sides; many of the Leave campaigns arguments were at worst, dishonest and at best, often greatly mistaken.

The tone of the campaign has put a bitter taste in the mouths of many EEA-nationals residing in the UK, and understandably so. One anonymous German writer penned a column in a recent edition of The Guardian newspaper, stating that for the first time in 18 years, he did not feel welcome in Britain.

In response to the uncertainty surrounding the campaign, there has been a huge influx of applications for Permanent Residence cards (PRC) or Registration Certificates (RC). We anticipate that following some of the comments made by Leave supporters during the debates, interest in acquiring RC and PR cards will not diminish for some time.

In this article we aim to provide you with the information you need to know about obtaining PR cards for both you and your dependents.

What is the difference between a Registration Certificate and a Permanent Residence Card?

A RC is a certificate that can be used by residence of the EEA and Switzerland as proof that they are entitled to live in another EU country (including the UK) under European Law. A RC does not confer rights on the holder, it merely confirms rights that they already possess as a ‘qualified person’ exercising treaty rights.

A PRC can only be obtained after a citizen of the EEA or Switzerland has been living and exercising treaty rights in the UK for a period of five years or more.

What is a Qualified Person (QP) for the purposes of obtaining and RC or a PRC?

Contrary to popular belief, EEA nationals cannot simply enter the UK and demand to live as a British citizen. To remain in the country longer than three months, an EEA national must be a ‘qualified person’.

To be a ‘qualified person’ an individual must be:

working
self-employed
a student
supporting themselves without accessing public funds

Jobseekers may have a limited right to remain in the UK over three months.

Can I apply as a ‘family member’?

Yes, certain family members are entitled to live in the UK with an EEA national. Under EEA law, only the following are family members:

the spouse of the EEA national
children and grandchildren below the age of 21 of either the EEA national or the spouse
dependent parents or grandparents of either the EEA national or the spouse

What is the situation regarding ‘extended family members’?

In some cases, ‘extended family members’ can apply for a RC. An extended family member is defined as a:

brother or sister
cousin
aunt or uncle
niece or nephew

To qualify they must:

have lived in the same house as you before and after coming to the UK; or
have a serious medical condition that means you need to manage their personal care

Can I apply for a RC as an ‘unmarried partner?’

Yes, but you must show that you are in a lasting relationship with the EEA national when you apply.

Do I need to apply for a PRC?

An EEA citizen automatically acquires PR rights after living in the UK for five years, as long as they are exercising their treaty rights during that time. However, from 12th November 2015, if a person with PR wishes to apply for British citizenship he or she will have to first apply for a PRC. This change is introduced by the British Nationality (General) (Amendment No. 3) Regulations 2015.

Can I lose my PR status?

PR will be lost if you are absent from the UK of more than two consecutive years. PR can also be revoked if the revocation is justified on grounds of public policy, public security or public health, and, following amendments which came into force from 1 January 2014, abuse of rights.

Sultan Lloyd Solicitors have the experience and expertise required to successfully advise individuals and their families on obtaining a Registration Certificate, Permanent Residence card and/or British Citizenship.