CA-2024-001773 - [2025] EWCA Civ 1057

“Article 15 Right of permanent residence

Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the host State in accordance with Union law for a continuous period of 5 years or for the period specified in Article 17 of [the CRD], shall have the right to reside permanently in the host State under the conditions set out in Articles 16, 17 and 18 of [the CRD]. Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.

Continuity of residence for the purposes of acquisition of the right of permanent residence shall be determined in accordance with Article 16(3) and Article 21 of [the CRD].

Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years.”

Article 18 provides for the issuance of residence documents. The following are relevant extracts: