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I am EU national, can I apply for Permanent residence with my wife and daughter also?

I am a Portuguese citizen that works in the UK since November 2011. I want to ask for permanent residence in the UK but I have some doubts regarding if the documents that I have are enough and also doubts regarding my family. My wife and daughter only come to the UK this past August, can I ask permanent residence for them also?

Generally, in order to qualify for permanent residence in the UK as an EEA national, you must have lived in the UK for at least 5 years. In that 5 years you must have been engaged in one of the following continuously throughout the period: -

  1. Looking for a job
  2. Working
  3. Studying
  4. Self sufficient

If for any reason there is a break, it must not be as a result of your own direct doing; for example sickness. In addition, you are able to combine all or any of the above to show 5 years exercise of treaty rights.

If you are relying on the fact that you are looking for a job, you must be able to show proof that you are actively looking for a job and there is a reasonable evidence to prove that you can be offered a job in the areas you are looking at. You can't be looking for a pilot job for 5 years when you haven't even completed an A levels. This would not be counted as exercise of treaty right.

There is also a grey area in the aspect of self-sufficiency, self-sufficiency here means that you have enough money in or coming in your account to show that you need to exercise treaty right (eg work).

With respect to self-sufficiency and studying, persons relying on any of those will need to show that they have a comprehensive sickness insurance.

With regards to you family members ie spouse and child, they will have to obtain permanent residence in their own rights if they (especially your child) was not born in the UK. However your child can rely on the exercise of your own treaty rights while they wait for 5 years.

If you have more questions please contact our immigration lawyers on 02037442797 or send us an email on info@reissedwards.com.

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