Immigrationboards.com

Hello,

I am an EU citizen who has been living in the UK for 6 years. I have all documents to prove but seem to be going around in loops in the government website trying to find information.

Should I apply for Permanent Residence or Indefinite Leave to Remain? When can I apply for British Citizenship?

Any help would be gratefully appreciated!

You need to apply for confirmation of PR before applying for BC. What have you been doing for the last 6 years in the UK? Have you been employed throughout this time? Or have you been studying or self-sufficient with Comprehensive Sickness Insurance (CSI)?

cellardoor wrote:Hello,

I am an EU citizen who has been living in the UK for 6 years. I have all documents to prove but seem to be going around in loops in the government website trying to find information.

Should I apply for Permanent Residence or Indefinite Leave to Remain? When can I apply for British Citizenship?

Any help would be gratefully appreciated!

What have you been doing in UK? (activities and timeline).
Are you an A8 national?
Have you been a student?

If you are a qualified person (which means someone who has been exercising treaty rights continuously for 5 years, for example, by working or studying in UK) then you may have hit the jackpot and acquired PR already.
This assumes you haven't enjoyed any prolonged absences from UK.

ILR doesn't apply, as a Union citizen you will be on the EU migration trajectory.

To apply for the privilege of citizenship you need to meet a whole different bunch of requirements.
These include the confirmation of PR card, LITUK test, proof of English, sound mind, good character, absences from UK within limits (which are different from limits for PR).
Also residency in UK for 5 or 3 years (depending whether you are married to a British citizen or not) and proof of physical presence in UK 5(/3) years before date of application (again time period depending on whether there's a BC spouse or not),

The one benefit of a British spouse (n immigration terms) is there is no need to have held PR status for 12 months before shooting for the holy grail of citizenship and then (by yet another application process) a British passport.

Edit: its uncanny, great minds think alike @Casa

Hello,

Thank you both for your help!

I have been a student for these 6 years (although I did not know about CSI until I started researching this), but am going to start working in August - so was thinking of applying once I start work.

Having spent 6 years in the UK, would I need to hold PR for 12 months before being able to apply for British citizenship?

Many thanks!!!

If you have not held CSI or a foreign issued EHIC card for the duration you were a student, you cannot count this time towards PR.

Did you work at all during the 6 years?

CR001 wrote:Did you work at all during the 6 years?

Only one summer at a university and retail.

cellardoor wrote:Hello,

Thank you both for your help!

I have been a student for these 6 years (although I did not know about CSI until I started researching this), but am going to start working in August.

Having spent 6 years in the UK, would I need to hold PR for 12 months before being able to apply for British citizenship?

Many thanks!!!

As a student did you/do you hold a foreign-issued EHIC?
Or a RC issued to you as a student in/before 2011?
Any foreign health cover held by kindly parents that may also cover you even so far from home?

Yes, as explained, you need to be free from immigration time restrictions for 12 months (eg with PR) unless you have a British spouse.

Pro tip: Depending on your timeline, that may or may not equate to having a 'confirmation of PR' card for 12 months as you may have 'historical' PR.

noajthan wrote:As a student did you/do you hold a foreign-issued EHIC?
Or a RC issued to you as a student in/before 2011?
Any foreign health cover held by kindly parents that may also cover you even so far from home?

Yes, as explained, you need to be free from immigration time restrictions for 12 months (eg with PR) unless you have a British spouse.

Pro tip: Depending on your timeline, that may or may not equate to having a 'confirmation of PR' card for 12 months as you may have 'historical' PR.

Thanks for clarifying!

I was not aware of EHIC/CSI until I started looking at immigration just recently. The thing is, I came to university from Brazil and have a German passport so have never needed a visa. However, I have never been to Germany for anything more than tourism so I wouldn't even have been able to have European health insurance for all these years.

I did have Brazilian health insurance (from those kindly parents!) - even though I never needed it in all these years, so don't really know if it would have covered me over here.

Timeline: Came to UK in September 2010 to study Medicine, graduating and about to start working now.

Also, what is "RC"?

cellardoor wrote:

noajthan wrote:As a student did you/do you hold a foreign-issued EHIC?
Or a RC issued to you as a student in/before 2011?
Any foreign health cover held by kindly parents that may also cover you even so far from home?

Yes, as explained, you need to be free from immigration time restrictions for 12 months (eg with PR) unless you have a British spouse.

Pro tip: Depending on your timeline, that may or may not equate to having a 'confirmation of PR' card for 12 months as you may have 'historical' PR.

Thanks for clarifying!

I was not aware of EHIC/CSI until I started looking at immigration just recently. The thing is, I came to university from Brazil and have a German passport so have never needed a visa. However, I have never been to Germany for anything more than tourism so I wouldn't even have been able to have European health insurance for all these years.

I did have Brazilian health insurance (from those kindly parents!) - even though I never needed it in all these years, so don't really know if it would have covered me over here.

Timeline: Came to UK in September 2010 to study Medicine, graduating and about to start working now.

Also, what is "RC"?

Fascinating story. What an adventure.
Suggest get on the blower to parents to see if their health cover policy also covered you as a student in a foreign land.

A RC is a residence card/certificate.

As an EEA national you could have applied for one (but didn't have to). It simply confirms your status in UK.

If you did have the foresight to obtain one (in or before 2011) there is a transitional arrangement you can invoke which exempts students from having to show they had CSI.
Think of it as a Willie Wonka-style golden ticket.

Due to such serendipity (by virtue of a health policy or student RC) you may find that your PR clock has been running and you have in fact acquired PR automatically; (possibly as early as September 2015).

You will ofcourse still need to apply for a confirmation of PR card.
If that turns out well then you may be able to apply to naturalise as early as this September; (I assume you weren't tempted by a British spouse).

noajthan wrote:Fascinating story. What an adventure.
Suggest get on the blower to parents to see if their health cover policy also covered you as a student in a foreign land.

A RC is a residence card/certificate.

As an EEA national you could have applied for one (but didn't have to). It simply confirms your status in UK.

If you did have the foresight to obtain one (in or before 2011) there is a transitional arrangement you can invoke which exempts students from having to show they had CSI.
Think of it as a Willie Wonka-style golden ticket.

Due to such serendipity (by virtue of a health policy or student RC) you may find that your PR clock has been running and you have in fact acquired PR automatically; (possibly as early as September 2015).

You will ofcourse still need to apply for a confirmation of PR card.
If that turns out well then you may be able to apply to naturalise as early as this September; (I assume you weren't tempted by a British spouse).

I cannot thank you enough for your patience and information!

Supposing I find out my health insurance didn't cover me and by not having RC, this would be game over for me for the next five years I assume?

Haven't been tempted by the British spouse yet!

cellardoor wrote:I cannot thank you enough for your patience and information!

Supposing I find out my health insurance didn't cover me and by not having RC, this would be game over for me for the next five years I assume?

Haven't been tempted by the British spouse yet!

Yes, if no way to make your student years count towards PR (& I have enumerated the ways) then that is the case.
PR will be acquired after 5 years of valid treaty rights as a qualified person (ie in immigration context: worker, student, self-employed etc).
So you are looking at 2021 at least.

But don't be to hard on yourself, you aren't the first honest, hard-working Union citizen to be caught out - and won't be the last.
At least you are an EEA national and could always bail out into Germany or maybe Portugal ?! (in case of any Brexit).

Good luck.