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Long-term settlement

 

 

 

 

Registration certificates attest to your right to reside in the United Kingdom as you are not or no longer subject to worker authorisation or as you have received authorisation to work.

It does not concern your right to long-term settlement. For this you will need to apply for:

·         Permanent residence under EU law or

·         Indefinite leave to remain under UK immigration law

 

Permanent residence

Permanent residence under EU law is a right provided to all EEA Nationals and their family members. 

After you have lived in the UK for a continuous period of 5 years, you can apply for confirmation of your permanent residence. You will need to have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5-year period.

For your residence in the UK to be considered continuous, you should not be absent from the UK for more than 6 months each year.

However, longer absences for compulsory military service will not affect your residence.

Additionally, a single absence of up to 12 months for important reasons such as pregnancy, childbirth, serious illness, study, vocational training or posting overseas will not affect your residence.

As Romania joined the EU on 1 January 2007, you may start to become permanent resident of the UK under EU law from 1 January 2012.

If you qualify to settle in the UK, you will be issued a Permanent Residence Card as soon as possible after the application has been received.

Your non-EEA family member will receive it no later than 6 months after the application has been received. 

Permanent residence cards are valid for 10 years from the date of issue and takes the form of an endorsement or ‘vignette’ that is placed in the holder's passport

You are eligible for permanent residence in the United Kingdom according to the EU law:

·         if you have resided lawfully in the UK for a continuous period of 5 years;

·         if you are a non-EEA national family member who have resided lawfully in the UK for a continuous period of 5 years;

·         if you are a worker or self-employed person who has stopped working, and

         you reached the age at which you are entitled to a state pension; or you took early retirement (worker); and

         you worked in the United Kingdom for at least 12 months prior to the termination; and

         you resided in the United Kingdom continuously for more than 3 years prior to the termination.

·         if you are a worker or self-employed person who has stopped working as a result of a permanent incapacity to work; and you either:

         resided in the United Kingdom continuously for more than 2 years prior to the termination; or

         the incapacity is the result of an accident at work or an occupational disease that entitles you to a pension payable in full or in part by an institution in the United Kingdom.

·         if you are a worker or self-employed person in an EEA State, but retain your place of residence in the United Kingdom, to which you:

         return as a rule at least once a week; and

         prior to becoming so active in that EEA State, you had been continuously resident and continuously active as a worker or self- employed person in the United Kingdom for at least 3 years.

·         if you are the family member of a worker or self-employed person who has ceased activity;

·         if you were the family member of a worker or self-employed person, where:

         that person has died;

         you lived with him/her immediately before his/her death; and

         that person had resided continuously in the UK for at least the 2 years immediately before his/her death or the death was the result of an accident at work or occupational disease;

 

Indefinite leave to remain

Indefinite leave to remain (ILR) is the permission to stay permanently (settle) in the United Kingdom, free from immigration control.

This permission is granted by the United Kingdom government under the Immigration rules regarding all foreign nationals and not by EU law, as for Permanent Residence.

You are thus able to apply for permission to settle permanently in the United Kingdom, if you qualify, even before 1 January 2012.

Form SET(O)

You are eligible for indefinite leave to remain in the United Kingdom according to immigration rules if you are currently in one of the following immigration categories and you have been living in the UK in a relevant category for 5 years:

  • Tier 1 or Tier 2 of the points-based system (excluding the Post-study work category of Tier 1)
  • work permit holder
  • businessperson
  • innovator
  • investor
  • representative of an overseas newspaper, news agency or broadcasting organisation
  • private servant in a diplomatic household
  • domestic worker in a private household
  • overseas government employee
  • minister of religion, missionary or member of a religious order
  • airport-based operational staff of an overseas-owned airline
  • self-employed lawyer
  • writer, composer or artist
  • UK ancestry
  • highly skilled migrant under the Highly Skilled Migrant Programme (HSMP) – but if you applied to the HSMP before 3 April 2006 and came to the UK on the basis of that application, you can apply after you have been in the UK for only 4 years.
  • bereaved partner, If you have been given temporary permission to remain in the UK as the partner of a British citizen or person settled here, and your partner has died. You can make your application immediately after your partner's death
  •  long residence, if you have been living here continuously for 10 years

 

To apply under these categories, you will need to use form SET(O), which you can download here.

 Form ECAA 4

If you entered the UK with a valid visa to establish in business under the provisions of an ECAA, which lapsed when Bulgaria and Romania joined the European Union (EU) on 1 January 2007, you can apply for permanent residence in this category when you have lived here acting as a businessman for 5 years, provided you are still established in business.

In addition to your initial permission to come here in this category, you will need to have been given at least one extension of your stay before 1 January 2007 to remain in business under the provisions of the agreement.

Further conditions do apply. Details will be on the application form.

To apply for settlement under this category, you will need to use form ECAA 4, which you can download here.

Other forms

You may also be eligible for other reasons, such as you are:

·         husband, wife, civil partner or unmarried/same-sex partner of a British citizen or someone who is settled here: form SET(M)

·         family member (except partners) of British citizens or people who are settled here: Form SET(F)

·         victim of domestic violence: SET(DV)

·         retired person of independent means or a sole representative of an overseas firm: SET(BUS)

·         entitled to exceptional leave to enter or exceptional leave to remain: form ELR or HPDL

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Right of residence of your family members