A stay home parent who is also an EU national does not qualify for permanent residence. Permanent residence status can be obtained by an individual if he or she is the partner or spouse of an EU national and is also employed and working and under this criteria the individual can also apply for British citizenship.
An individual who is a non-EU citizen but is the partner of an EU citizen that is exercising his or her treaty right who is also working can apply for a Permanent Residence Card after five years.
Recently, the UK has voted by a slim majority to leave the EU, therefore in case their right to reside changes after Brexit, the other 27 member states staying in the UK will need to solidify their right to reside in the country.
An EU citizen must be a qualified individual in order to obtain a permanent residence status. Individuals who are non-EU nationals but are the family members or extended family members of a qualified individual who is an EU national can apply for a Permanent Residence Card under certain circumstances.
For a period of three months all EU nationals have the right to live in an EU member state. Therefore after the three month period, the individual must be a qualified person to remain in the UK. An individual who is an EU national exercising his or her treaty rights (Treaty on the Functioning of the European Union) is regarded as a qualified person.
An individual must either be employed, self-employed, studying or economically self-sufficient in order to exercise their treaty rights as an EU national. A comprehensive sickness insurance needs to be in place for those individuals who are studying or are economically self-sufficient before their Treaty rights are effective and this is so that the individuals do not become a financial burden on the host state.
Under certain circumstances, individuals who are EU nationals looking for work are regarded as qualified persons. The individual must prove that there is a realistic chance that he or she will find employment and he or she must prove that they are actively looking for work.
On the 1st of July 2014, the EEA Regulations 2006 was modified to include that "a job seeker will be considered as exercising treaty rights or having retained worker status" in the following ways:
However under the amended EEA Regulations 2006, this does not alter the fact that jobseekers are still viewed as 'qualified individuals' for the purpose of theirs rights to reside.
Stay at home parents who are EU nationals are not considered job seekers or economically self-sufficient (in most situations). Individuals who are considered self-sufficient must be able to portray that they have sufficient assets and well-meaning income and they do not need to result to looking for assistance under the UK benefits system.
Although, an individual might rely on UK benefits if as a stay home parent is taking care of dependants and he or she is suddenly left by the spouse or partner or the spouse or partner dies and the individual remains in the UK.
The following are considered to be Non-EU family members or third country nationals:
As long as the EU national has a right to stay in the UK, the EU national's third country direct family members have the right to join or go together with the EU national. Applicants who want to reside in the UK for more than six months have to go through the two-stage procedure as recommended. The procedures are as follows: Firstly, an EEA family permit must be applied for from outside the UK and upon arrival the applicant must apply for an EEA residence card. Under the immigration rules, compared to most applications, the application for residence card takes significantly longer and same-day service applications through the Premium Service Centres are not made available.
For an EU national to become a qualified individual who can gain a Permanent Residence card, he or she would need to start exercising their Treaty rights. Applying for British Citizenship is the safest way for an EU national to secure his or her right to remain in the UK irrespective of any governmental changes after Brexit and this can only be done if the applicant has a Permanent Residence card. The eligibility for this statement is if an EU national has exercised his or her treaty rights for five years.
Irrespective of what happens with Brexit, an individual and his or her partner who are EU nationals and have made the UK their home must both take action by ensuring their residency rights remains unchanged.
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Tier 1 Investor Visa - Business Immigration
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
Indefinite Leave to remain - UK Settlement and
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Spouse Visa - Appeals and visa refusals
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
I contacted Reiss Edwards to help me with my wife�s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
Cheap Immigration Lawyers in London
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Top Notch Immigration Service
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
Best Immigration Solicitors
I used Reiss Edwards� immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.