Section 115. Right of permanent residence for EEA nationals

An EEA national who has had continuous lawful residence in the realm under sections 112 and 113 for five years is granted a permanent right of residence. Temporary residence outside the realm is permitted in certain circumstances without the requirement for continuous residence being affected. The right of permanent residence exists independently of whether or not the conditions for residence in sections 112 and 113 are fulfilled. The right of permanent residence lapses if the holder resides outside the realm for more than two consecutive years.
An EEA national who stays in the realm under section 112, first paragraph, (a), is granted a permanent right of residence even if the person in question has not had a continuous stay of five years, if he or she:
  1. a.
    upon cessation of labour force participation takes up an early retirement pension or has reached the statutory age for entitlement to a retirement pension, and has had a continuous stay in the realm of more than three years and employment in the realm for at least the 12 preceding months,
  2. b.
    has resided in the realm continuously for more than two years and becomes permanently incapable of work, or
  3. c.
    after having worked and resided in the realm continuously for three years works in another EEA country but continues to reside in the realm and returns to the place of residence daily or at least once a week.
If the incapability under the second paragraph, (b), is due to an occupational accident or occupational illness that wholly or partly entitles the person in question to public benefits, no requirements are imposed as regards the duration of the stay.
An EEA national who is a family member and lives with a person as mentioned in the second paragraph is granted a permanent right of residence at the time that the permanent right of residence under the second paragraph arises.
An EEA national who is a family member and lives with an EEA national with a right of residence under section 112, first paragraph, (a), is granted a permanent right of residence in the event of the EEA national’s death, even if the deceased did not have a permanent right of residence under the first or second paragraph, if:
  1. a.
    the deceased has resided in the realm continuously for two years prior to the death, or
  2. b.
    the death was caused by an occupational accident or an occupational illness.
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.