PR by settlement v EEA Permanent Residence

Hello there !

There are two ways of getting PR. One is by settlement and the other is via EEA legislation for EU nationals.
I am an EU national who was granted PR by settlement in 2001. Can anyone tell me if there is a difference between these two ways of having PR status how it can affect me and my family members ?

Thank you very much.

For EEA citizens, there is only one way to get PR (Permanent Residence). That is by exercising treaty rights (working, seeking work, studying or having self-sufficient status) in the UK for a continuous period of five years. That is provided by EEA Regulations, which transposes the relevant EU directives into UK law.

PR (Permanent Residence) gives you "settled status" in the UK. A person with settled status has certain privileges. For instance, any children born in the UK to a person with settled status is automatically a British citizen. Settled status is a requirement for applying for UK citizenship, etc.

So, to clarify your question, there is only one way for an EEA citizen to get PR. PR gives settled status (also called settlement), which is a status in UK law.

For EEA citizens, there is only one way to get PR (Permanent Residence). That is by exercising treaty rights (working, seeking work, studying or having self-sufficient status) in the UK for a continuous period of five years. That is provided by EEA Regulations, which transposes the relevant EU directives into UK law.

PR (Permanent Residence) gives you "settled status" in the UK. A person with settled status has certain privileges. For instance, any children born in the UK to a person with settled status is automatically a British citizen. Settled status is a requirement for applying for UK citizenship, etc.

So, to clarify your question, there is only one way for an EEA citizen to get PR. PR gives settled status (also called settlement), which is a status in UK law.

Thank you Simon. My PR was acquired by settlement in 2001. There was no EEA rights mentioned on the form. However, the Home Office did ask me proof that I was exercising the treaty rights for the last four years. I sent all the relevant proof and then I was granted Permanent Residence. So I am in doubt if my PR is a EEA status or is a PR that any citizen outside EEA can apply.

"Permanent Residence" is settled status for those who fall within EU Freedom of Movement Law (EEA citizens + their family members). The term for settled status for those from outside the EEA/EU is generally "Indefinite Leave to Remain." PR is granted under EU law, while ILR is granted under UK immigration law. If they wanted evidence that you had been exercising treaty rights for the preceding years, then you were granted Permanent Residence under the provisions of EU law.

Mazzeppa wrote:My PR was acquired by settlement in 2001

PR (Permanent Residence) came into existence in 2006, under the EEA Regulations.

What I believe you have is ILR (Indefinite Leave to Remain). EEA residents who came to the UK before 2nd October 2000 used to get ILR on application. Between 2000 and 2006, they were given the same visas/leave to remain as other non-EEA citizens in the UK.

In 2006, with the coming in force of EEA Regulations, the current (much more favourable) rules for EEA residents came into force. Under that, an EEA citizen exercising treaty rights automatically acquires PR at the end of five years of exercising treaty rights.

ILR, by contrast, has to be applied for and, is granted by the Home Office.

People having either ILR or PR have "settled status", so all the benefits of settlement apply equally to holders of both ILR and PR.

The main problem that you will have is that most people, including at the Home Office, will not understand that you may already have acquired ILR under rules before 2006 and will expect you to acquire PR again. You do not need to do that.

You should have an ILR vignette in the passport that you had in 2000-2001. You can use that to prove "settled status".

secret.simon wrote:

Mazzeppa wrote:My PR was acquired by settlement in 2001

PR (Permanent Residence) came into existence in 2006, under the EEA Regulations.

What I believe you have is ILR (Indefinite Leave to Remain). EEA residents who came to the UK before 2nd October 2000 used to get ILR on application. Between 2000 and 2006, they were given the same visas/leave to remain as other non-EEA citizens in the UK.

In 2006, with the coming in force of EEA Regulations, the current (much more favourable) rules for EEA residents came into force. Under that, an EEA citizen exercising treaty rights automatically acquires PR at the end of five years of exercising treaty rights.

ILR, by contrast, has to be applied for and, is granted by the Home Office.

People having either ILR or PR have "settled status", so all the benefits of settlement apply equally to holders of both ILR and PR.

The main problem that you will have is that most people, including at the Home Office, will not understand that you may already have acquired ILR under rules before 2006 and will expect you to acquire PR again. You do not need to do that.

You should have an ILR vignette in the passport that you had in 2000-2001. You can use that to prove "settled status".

Thanks again Simon. The issue that I am facing is that my mother who is also an EU national came to live with me here last year. She reached the pension age and claimed pension credit based on her dependency on me. They refused her claim by saying that my PR was by settlement and not a PR from the EEA provisions. We are going to appeal to the tribunal without a solicitor and I am trying to make sure that their decision is wrong and that they did not consider the fact that I have worked continuously for 5 years before the ILR was granted to me. I have the original letter from the Home Office and the word that they have used was Permanent Residence.

I think I can see where the confusion lies.

To the best of my knowledge, as the PR issued before 2006 was the same as ILR, it only applies to the person himself/herself. It did not provide any benefits to any relatives.

It was only with PR accrued under the EEA Regulations (post May 2006) that family members could benefit as well.

So, I believe that the DWP are on solid ground when it refused your mother pension credit based on dependency on you. If you have exercised treaty rights (worked or sought work or studied or been self sufficient) any five years since 2006, your mother will be able to claim dependency off you. You will need to show proof of that. Your PR issued under UK domestic law pre-2006 does not count (to the best of my knowledge) for the purpose of your mother's pension credit.

You may also wish to look at this gov.uk document on EEA and Swiss citizens, particularly Section 6.3.