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HMRC internal manual

Tax Credits Technical Manual

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HM Revenue & Customs
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Entitlement: Residence rules - Right to reside: A person who has a permanent right of residence

The Immigration (European Economic Area) Regulations 2006, regulation 1

Permanent right of Residence - European Economic Area (EEA) or Swiss nationals

The following persons shall acquire the right to reside in the United Kingdom permanently;

  • an EEA or Swiss national who has resided in the United Kingdom and had a right to reside here for a continuous period of five years;
  • a family member of an EEA or Swiss national who is not himself an EEA or Swiss national but who has resided in the United Kingdom with the EEA or Swiss national who has a right to reside here for a continuous period of five years; (‘resided in the United Kingdom with’ requirement relates to presence in the UK; it does not require living in a common family home).
  • an EEA or Swiss national worker or self-employed person who has ceased activity;
  • the family member of an EEA or Swiss national worker or self-employed person where-

    • the worker or self-employed person has died;
    • the family member resided with him immediately before his death; and
    • the worker or self-employed person had resided continuously in the United Kingdom for at least the two years immediately before his death or the death was the result of an accident at work or an occupational disease;
  • a person who-

    • has resided in the United Kingdom and has had a right to reside for a continuous period of five years; and
    • was at the end of that period, a family member of an EEA or Swiss national who has retained the right of residence.

Once acquired, the right of permanent residence shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.