Section 116. Right of permanent residence for family members who are not EEA nationals

A family member who is not an EEA national, and who under section 114, first paragraph, has lived with an EEA national and has had continuous lawful residence in the realm for five years, is granted a permanent right of residence. The same applies to a family member who is not an EEA national and who under section 114, third paragraph, first sentence, or fourth paragraph has had continuous lawful residence in the realm for five years. Temporary residence outside the realm is permitted in certain circumstances without the requirement for continuous residence being affected. The permanent right of residence exists independently of whether the conditions for residence in section 114 are fulfilled. The permanent right of residence lapses if the holder resides outside the realm for more than two consecutive years.

A permanent right of residence under section 115, fourth and fifth paragraphs, applies correspondingly to family members who are not EEA nationals.

The King may issue regulations containing further provisions, including on what is to be deemed continuous lawful residence, on the definition of temporary residence outside the realm, including valid reasons for absence, on the content of the requirement to live together, and on lapse of the permanent right of residence.