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from EEA immigration Act 2004, Statutory Instrument 1003 Part 3 RESEDENCE DOCUMENTATION
Looks like they have to apply
Permanent right of residence
15.—(1) The following persons shall acquire the right to reside in the United Kingdom
permanently—
(a) an EEA national who has resided in the United Kingdom in accordance with these
Regulations for a continuous period of five years;
(b) a family member of an EEA national who is not himself an EEA national but who has
resided in the United Kingdom with the EEA national in accordance with these
Regulations for a continuous period of five years;
(c) a worker or self-employed person who has ceased activity;
(d) the family member of a worker or self-employed person who has ceased activity;
(e) a person who was the family member of a worker or self-employed person where—
(i) the worker or self-employed person has died;
(ii) the family member resided with him immediately before his death; and
(iii) 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;
(f) a person who—
(i) has resided in the United Kingdom in accordance with these Regulations for a
continuous period of five years; and
(ii) was, at the end of that period, a family member who has retained the right of
residence.
(2) Once acquired, the right of permanent residence under this regulation shall be lost only
through absence from the United Kingdom for a period exceeding two consecutive years.
(3) But this regulation is subject to regulation 19(3)(b).
PART 3
RESIDENCE DOCUMENTATION
Issue of registration certificate
16.—(1) The Secretary of State must issue a registration certificate to a qualified person
immediately on application and production of—
(a) a valid identity card or passport issued by an EEA State;
(b) proof that he is a qualified person.
Issue of residence card
17.—(1) The Secretary of State must issue a residence card to a person who is not an EEA
national and is the family member of a qualified person or of an EEA national with a permanent
right of residence under regulation 15 on application and production of—
(a) a valid passport; and
(b) proof that the applicant is such a family member.
(2) The Secretary of State must issue a residence card to a person who is not an EEA national
but who is a family member who has retained the right of residence on application and production
of—
(a) a valid passport; and
(b) proof that the applicant is a family member who has retained the right of residence.
(3) On receipt of an application under paragraph (1) or (2) and the documents that are required
to accompany the application the Secretary of State shall immediately issue the applicant with a
certificate of application for the residence card and the residence card shall be issued no later than
six months after the date on which the application and documents are received.
(4) The Secretary of State may issue a residence card to an extended family member not falling
within regulation 7(3) who is not an EEA national on application if—
(a) the relevant EEA national in relation to the extended family member is a qualified person
or an EEA national with a permanent right of residence under regulation 15; and
(b) in all the circumstances it appears to the Secretary of State appropriate to issue the
residence card.
(5) Where the Secretary of State receives an application under paragraph (4) he shall undertake
an extensive examination of the personal circumstances of the applicant and if he refuses the
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application shall give reasons justifying the refusal unless this is contrary to the interests of
national security.
(6) A residence card issued under this regulation may take the form of a stamp in the applicant’s
passport and shall be entitled “Residence card of a family member of an EEA national” and be
valid for—
(a) five years from the date of issue; or
(b) in the case of a residence card issued to the family member or extended family member of
a qualified person, the envisaged period of residence in the United Kingdom of the
qualified person,
whichever is the shorter.
(7) A residence card issued under this regulation shall be issued free of charge.
(8) But this regulation is subject to regulation 20(1).
Issue of a document certifying permanent residence and a permanent residence card
18.—(1) The Secretary of State must issue an EEA national with a permanent right of residence
under regulation 15 with a document certifying permanent residence as soon as possible after an
application for such a document and proof that the EEA national has such a right is submitted to
the Secretary of State.
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