Immigration Corner | UK permanent residency for EU citizens

Dear Mr Bassie,

I am a citizen of the European Union (EU) and I would like to know whether I can still apply for United Kingdom (UK) permanent residency. I would appreciate any advice that you can give me.

– J.F.

Dear J.F.,

With respect to permanent residence documents for European Union, European Economic Area (EEA) or Swiss citizens, those persons can no longer apply for a UK permanent residence document.

Those persons who already have a permanent residence document, should take note that it will not be valid after June 30, 2021. Persons who have applied for a permanent residence document before January 1, 2021, should be aware that their applications will still be considered. However, it may take up to six months to get a decision.

Persons who are living in the United Kingdom up to December 31, 2020, can apply to the EU Settlement Scheme. Please note that applications are expected to close on June 30, 2021. Persons should be aware that if they are successful and are granted ‘settled status’, those persons can apply for British citizenship at a later date.

FAMILY MEMBERS

Applicants’ close family members can also apply to the EU Settlement Scheme. Persons who are considered close family members include a spouse or civil partner, child, grandchild, parent or grandparent.

Applicants’ ‘extended’ family members can apply if they have a UK residence card. Extended family members include an unmarried partner, brother, sister, aunt, uncle, cousin, nephew or niece.

Please note that persons who have a permanent residence document will not be valid after June 30, 2021. However, until that date, persons can use it to apply for British citizenship and/or sponsor a partner’s visa application if they are applying for a visa based on their residence. Those persons who applied for a permanent residence document before January 1, 2021, should note that it may take up to six months to get a decision.

The successful applicants will receive a certificate inside a blue ‘residence documentation’ booklet or a pink booklet if they are Swiss citizens. The certificate will say ‘Document Certifying Permanent Residence’ on it.

APPLYING FOR BRITISH CITIZENSHIP

Please note that to apply for British citizenship with a permanent residence document, persons need to have lived in the United Kingdom for both at least five years and one year after qualifying for permanent residence status. However, persons can apply after living in the UK for three years if their husband, wife or civil partner is a British citizen.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com