Indefinite Leave To Remain - Citizens of EEA Member States

Citizens of EEA Member States

Citizens of countries in the European Economic Area (other than British and Irish citizens) and Swiss citizens obtain permanent residence status automatically after five years' residence in the United Kingdom exercising Treaty rights rather than ILR. The rights of EEA citizens are not governed by UK Immigration Regulations but rather the EEA Regulations.

Under the law as it existed between 2 October 2000 and 29 April 2006, a citizen of an EEA state or Switzerland could be granted permanent residence on application after four years' residence in the United Kingdom exercising Treaty rights (five years from 3 April 2006). Prior to 2 October 2000, citizens of EEA states were deemed to be permanent residents immediately upon taking up residence in the UK to exercise Treaty rights.

The change in the law in 2000 was retroactive. Hence, for example, a French citizen who arrived to work in the UK on 1 July 1986 would have been treated as a permanent resident between that date and 1 October 2000. From 2 October 2000, the status would be reverted to that of a temporary resident if an application for ILR was not made. On 30 April 2006, with five years' residence exercising Treaty rights accrued, that person regained permanent resident status.

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