EEA Permanent Residence was a UK status granted to eligible European Economic Area nationals and their family members under EU free movement rules. However, following Brexit, this status is no longer valid, and those who previously held it must apply for a different form of UK immigration status.
The EU Settlement Scheme (EUSS) was introduced to replace EEA permanent residence. Individuals who had permanent residence status before 31 December 2020 were required to convert to Settled Status under the scheme. Without making this transition, their right to live and work in the UK would no longer be recognised.
Holders of EEA permanent residence documents cannot use them for travel or employment verification. Instead, Settled Status or a new visa category is required. Those who failed to apply for the EUSS before the deadline may still be eligible in certain circumstances but must demonstrate a valid reason for a late application.
What was EEA permanent residence?
EEA Permanent Residence was a form of immigration status granted to nationals of the European Economic Area (EEA) and their family members who had lived in the UK for a continuous five-year period under EU free movement laws. It provided confirmation that the holder had the right to remain in the UK indefinitely without being subject to immigration restrictions.
To qualify, individuals had to demonstrate that they had been exercising Treaty rights during their five-year residency. This meant they had to be working, studying, self-employed, self-sufficient or actively seeking work. Family members of qualifying EEA nationals could also apply, provided they had lived in the UK as dependants for the same period.
The permanent residence document was not automatically issued and required an application to the Home Office. Once approved, it allowed holders to access public services, apply for British citizenship and live and work in the UK without restrictions. However, if someone left the UK for more than two consecutive years, their permanent residence status was lost.
After the UK left the EU, EEA permanent residence ceased to be recognised under UK law. Holders were required to apply for Settled Status under the EUSS before 30 June 2021 to maintain their legal right to live in the UK.
Employers and public bodies no longer accept EEA permanent residence documents as proof of lawful status. Those still relying on an old document must secure a new immigration status, either through the EUSS or an alternative visa route, to ensure continued rights in the UK.
Is EEA permanent residence still valid in the UK?
EEA permanent residence is no longer recognised as a valid immigration status in the UK. Following the end of EU free movement on 31 December 2020, the UK introduced new rules requiring EEA nationals and their family members to apply under the EU Settlement Scheme. As a result, those who previously held permanent residence had to switch to Settled Status to continue living lawfully in the UK.
Holding a permanent residence document no longer provides the right to remain in the UK. Even those who have lived in the country for many years must have an updated status under the new system. The deadline to apply for the EUSS was 30 June 2021. Those who have not yet applied should act quickly, as they may still be able to submit a late application if they have reasonable grounds for missing the original deadline.
Without Settled or Pre-Settled Status, individuals will not be able to prove their right to work, rent property or access healthcare and other public services. Employers and landlords are now required to check immigration status online rather than accepting outdated residence documents.
Individuals who previously relied on permanent residence and wish to apply for British citizenship must have switched to Settled Status before doing so. Permanent residence alone no longer meets the requirements for naturalisation.
Alternatives to EEA Permanent Residence
EEA Permanent Residence is no longer recognised in the UK, but there are several alternative immigration routes for those who previously held this status. The most common option is the EU Settlement Scheme (EUSS), though other visas may be suitable depending on individual circumstances.
The EU Settlement Scheme was introduced to protect the rights of EEA nationals and their families after Brexit. Those who had lived in the UK for five continuous years could apply for Settled Status, which allows them to stay indefinitely. Those with less than five years of residence were granted Pre-Settled Status, which can later be upgraded to full Settled Status. Applications to the EUSS officially closed on 30 June 2021, but late applications may still be accepted if there is a valid reason for missing the deadline.
For those who do not qualify for the EUSS, Indefinite Leave to Remain (ILR) may be an option. This is a permanent status granted under the UK’s immigration system, separate from the EUSS, and is often available to those who have lived in the UK under other visa categories.
Work-based visas such as the Skilled Worker Visa allow individuals with a job offer from a UK employer to live and work in the country. Family members of British citizens or settled residents may be eligible for family visas, which also provide a pathway to settlement.
Some may also qualify for British citizenship if they have already secured Settled Status or ILR. Anyone still relying on an EEA Permanent Residence document should check which visa or status is most suitable and apply to secure their right to stay in the UK.
What if you missed the EU Settlement Scheme deadline?
The EU Settlement Scheme application deadline was 30 June 2021, but those who missed it may still have options. The UK government allows late applications in certain circumstances, though applicants must provide a valid reason for the delay.
A late application may be accepted if the applicant can show reasonable grounds for missing the deadline. Common reasons include serious medical conditions, lack of awareness due to personal circumstances or difficulties accessing the application process. Vulnerable individuals, such as those with disabilities or those who were in care, may also be eligible for consideration.
For those ineligible for a late application under the EUSS, alternative visa routes may be available. Options include a Skilled Worker Visa, a Family Visa, or an Indefinite Leave to Remain (ILR) application, depending on individual circumstances.
It is important to act quickly if the deadline was missed. A late application must be supported by strong evidence, and legal advice may help increase the chances of success. The Home Office continues to process late applications on a case-by-case basis, so submitting one as soon as possible is recommended. Anyone unsure about their options should check the latest government guidance or seek professional support to secure their immigration status in the UK.
EEA Permanent Residence FAQs
Is EEA Permanent Residence still valid in the UK?
EEA Permanent Residence is no longer recognised as a valid immigration status in the UK. It was replaced by the EU Settlement Scheme (EUSS) following Brexit. Those who held Permanent Residence needed to apply for Settled Status before the deadline to secure their right to stay.
What happened to EEA Permanent Residence after Brexit?
Following the end of EU free movement on 31 December 2020, the UK introduced new rules requiring EEA nationals and their family members to apply under the EUSS. Those with Permanent Residence had to switch to Settled Status to continue living lawfully in the UK.
Can EEA Permanent Residence holders still apply for Settled Status?
The deadline for most applications was 30 June 2021, but late applications are still accepted in some cases. Those who have not yet applied should do so as soon as possible and provide a valid reason for the delay.
Do employers still accept EEA Permanent Residence as proof of right to work?
Employers can no longer accept Permanent Residence documents as evidence of an employee’s right to work. Instead, immigration status must be checked through the Home Office online system.
Can someone with EEA Permanent Residence apply for British citizenship?
Yes, but they must first have switched to Settled Status under the EUSS. Permanent Residence alone no longer meets the requirements for naturalisation.
What if someone missed the EU Settlement Scheme deadline?
Late applications may be accepted if there is a valid reason for missing the deadline. Those who do not qualify for the EUSS may need to apply under a different visa route, such as Indefinite Leave to Remain (ILR) or a Skilled Worker Visa.
Are there alternatives to EEA Permanent Residence for those who do not qualify for Settled Status?
Alternative routes include ILR, Family Visas, and work-based visas such as the Skilled Worker Visa. Eligibility will depend on individual circumstances, so seeking legal advice may be beneficial.
Glossary
| Term | Definition |
|---|---|
| EEA Permanent Residence | A former UK immigration status for EEA nationals and their family members who had lived in the UK for at least five continuous years. |
| EU Settlement Scheme (EUSS) | A scheme introduced after Brexit to allow EEA nationals and their families to secure their right to stay in the UK. |
| Settled Status | A status under the EUSS for EEA nationals who have lived in the UK for at least five years, allowing them to remain indefinitely. |
| Pre-Settled Status | A temporary status under the EUSS for EEA nationals who had not yet completed five years of UK residence at the time of application. |
| Indefinite Leave to Remain (ILR) | A form of permanent residence under UK immigration law, separate from the EUSS, allowing individuals to live in the UK indefinitely. |
| Skilled Worker Visa | A work visa for non-UK nationals who have a job offer from a UK employer in an eligible skilled occupation. |
| Right to Work | The legal right of an individual to be employed in the UK. Employers must verify this using the Home Office online checking system. |
| Naturalisation | The legal process by which a non-British citizen can apply to become a British citizen, usually after holding Settled Status or ILR. |
| EU Free Movement | The former right of EEA nationals to live and work in any EU member state, which ended in the UK after Brexit. |
| Home Office Online Checking System | A government system used by employers and landlords to verify a person’s immigration status in the UK. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
