What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?
A person already issued a document certifying permanent residence or a permanent residence card under the Immigration, Asylum and Refugee Act qualifies under regulation 13 of the Residency Regulations 2026; the Authority shall issue the residence permit when satisfied that this qualification is met. The permit lasts for the period determined by the Authority and is renewable on the same basis on application; document expiry is separate from the underlying permanent status. Permanent residence may be lost after a two-year absence, but the Authority may allow absences for an important reason such as military service, pregnancy, childbirth, serious illness, study, vocational training or an overseas posting. For this permanent-resident cohort, regulation 19(7) permits a decision under regulation 19 only on serious public-policy or public-security grounds, or where the Authority is satisfied on reasonable grounds of address or residence fraud. Public-policy/security decisions must be proportionate, based exclusively on personal conduct presenting a genuine, present and sufficiently serious threat, and cannot rest on general prevention. Separately, regulation 20 requires refusal of issuance or renewal following the specified Schengen-authority objection on public-policy, internal-security, public-health or international-relations grounds, including a Schengen Information System alert; the applicant must receive contact details to seek reasons and remedies. Regulation 25 allows a Tribunal appeal within seven days of notification of refusal or revocation, excluding decisions under regulations 14, 15 or 20, with late appeals possible where just and equitable. Regulation 27 preserves applicable Withdrawal Agreement, EEA EFTA and Swiss citizens’ rights and the former Part IV regime for protected persons.
See recorded sources
Limits of the record- The text does not resolve how regulation 19(8) automatic employment-termination revocation interacts with the specific permanent-holder protection in regulation 19(7); the 16-week rule is not asserted as a loss rule for this route.
- The detailed protected-person tests and alternative retention rules under the agreements saved by regulation 27 are not established here.
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13.(1) A person who has been issued a document certifying permanent residence or a permanent residence card under the Immigration, Asylum and Refugee Act shall qualify for a residence permit. (2) Permanent residence in Gibraltar may be lost through the absence from Gibraltar for a period of 2 years. (3) For the purposes of subregulation (2), the Authority may allow absences from Gibraltar due to an important reason such as military service, pregnancy, childbirth, serious illness, study, vocational training or an overseas posting. (4) If the Authority is satisfied that the requirement of subregulation (1) is met, it shall issue the person with a residence permit. (5) A residence permit issued under this regulation shall be valid for such period as the Authority may determine and shall be renewable on the same basis on application. PART 3 POWERS TO ISSUE RESIDENCE PERMITS Governor’s power to order issue of residence permit.
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(4) Where a decision is taken under this regulation on the grounds of public policy or public security, it shall be taken in accordance with the following principles– (a) the decision shall comply with the principle of proportionality; (b) the decision shall be based exclusively on the personal conduct of the person concerned; (c) the personal conduct of the person concerned shall represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society; (d) matters isolated from the particulars of the case or which relate to considerations of general prevention cannot justify the decision.
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(7) A decision taken under this regulation in respect of a person who has been issued a document certifying permanent residence or a permanent residence card under the Immigration, Asylum and Refugee Act may only be made on serious grounds of public policy or public security or in circumstances where Authority is satisfied, on reasonable grounds, that the holder has engaged in address or residence fraud.
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20.(1) The Authority must refuse an application for the issuance or renewal of a residence permit if, in accordance with section 47(4) and (5) or 48(6) and (7) of the Act, the Schengen authorities inform the Authority of their objection to the issuance or renewal of a residence permit due to the applicant being considered, in accordance with the Schengen acquis, to be a threat to public policy, internal security, public health or the international relations of any of the Member States, including on the basis of an alert issued in the Schengen Information System. (2) If an application is refused in accordance with subregulation (1), the Authority shall provide the applicant with the contact details of the relevant Schengen authorities so that they may request information regarding the decision, the grounds for objecting and the remedies available.
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25.(1) There is established the Residency Appeals Tribunal (“the Tribunal”). (2) The Tribunal shall consist of a Chair and four other members appointed by the Chief Minister. (3) A person aggrieved by a decision of the Authority under these Regulations (other than a decision relating to regulation 14, 15 or 20)– (a) refusing an application for the issue or renewal of a residence permit; or (b) revoking a residence permit, may appeal to the Tribunal within 7 days of being notified of the decision. (4) An appeal under this regulation shall be made in such manner as the Chair of the Tribunal may determine. (5) An appeal shall be determined on the basis of written representations unless the Chair of the Tribunal considers it necessary to hear the appellant. (6) The Tribunal may affirm, vary or reverse the decision of the Authority and shall give reasons for arriving at the decision. (7) The Tribunal may consider any appeal under these Regulations which is made out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
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27.(1) Nothing in these Regulations affects the residence rights of a person to whom the provisions of the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement apply and accordingly the provisions in Part IV of the Immigration, © Government of Gibraltar (www.gibraltarlaws.gov.gi) Page 20 of 21 Treaty on Gibraltar and the European Union 2026-11 Residency Regulations 2026 2026/166 Asylum and Refugee Act continue to have effect in relation to that person as if these Regulations had not been made. (2) In subregulation (1), “withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meaning as in section 3(1) of the European Union (Withdrawal Agreement) Act 2020.
