Indefinite Leave to Remain

[murdoc_07]

Hi everyone,

I am a EU citizen and have been living in UK for last 8 years.

2006-2010 - Full time studying
Nov 2010- May 2011 - Looking for work
June 2011 - July 2012- Working
September 2012- now - Full time Phd

I have recently started to think about getting British citizenship but the EEA way looks a bit problematic for me as I did not have any comprehensive sickness insurance or European health insurance card for those years. I was dependant on NHS.

I have two years to finish my PhD and then I will be completing my stay for 10 years in UK. Can I then apply for Indefinite Leave to Remain through long residence? (I also hold a non-eu citizenship if that helps).

I am just trying to find alternative ways to EEA route, as starting the clock again after 8 years sounds a bit harsh to me.

Thanks for the answers

[Obie]

You cannot qualify for ILR is you do not meet the conditions of the EEA regulations.

Did you have the EHIC card during your studies.

Did you enter via a study visa, which was renewed by the Home Office.

[Casa]

If you entered under EEA regulations then you have to remain on this route and apply for PR if and when you qualify. You can't switch to UK rules.

[murdoc_07]

No I came with the EU passport so never had a visa. I did not have the EHIC card since I always thought I was covered with NHS.

The annoying thing is that I completed almost five years of residence before the law requiring CSI changed in June 2011 but can't count them as I didn't apply for a registration certificate while I was studying (there was no reason to get one anyway).

So the only way to qualify is to get a private insurance now and wait for another five years, and forget about the eight previous years?

[Jambo]

Just to clarify - the law didn't change in 2011. Its the ssame regulations from 2006. What was changed is that the HO started to enforce the requirement (from 2006) on students.

Are you able to produce a letter from the health authorities in your home country that you were covered by them drying your first 5 years. That would be acceptable by the HO in lieu of EHIC.

[Obie]

OP a case could be mounted based on legitimate expectation, in regards to the provision of national law.

A residence document simply confirms and not confer rights . It is inconsistent with EU law for people who had residence document to be awarded a greater rights than people who do not, when EU law and even UK law, makes applying for those document optional.


The most sensible way for the Home Office to have done it, was to say all those who had residence in the UK as a Student prior to 2011 will have their time as student counted as lawful residence as the NHS covered them, but any time spent as student afterwards, will not be counted , as the people are aware that the concession does not exist.

It is a reasonable deduction for people who entered prior to the 2011 changes that the UKBA considered the NHS as a cover, which is why they did not include this requirement.

Had people knew, they would most certainly have obtained it.

Further more, it follows from Royers that the permit was optional, it cannot be proportionate or lawful to deny lawful residence retrospectively, when these people thought and it was the Home Office policy to treat them as lawful.

[murdoc_07]

Thanks Jambo, that may be possible, worths trying.

Does anyone know why they put that holding EEA1 registration card rule in the transitional arrangements? As far as I know no EU student needs to get one while studying, and it was free to get one anyway. Isn't it a bit harsh that you can't count these years just because you didn't get a card which you didn't need that time. I mean there are other ways to prove that I was a student/self sufficient doing that period. What is so special with EEA1 registration card?

[Jambo]

The logic is that the HO can't ask you for something they themselves have not enforced and asked for if you have made an application. If you haven't made an application, the argument is that the law requires CSI and you didn't know if was not enforced by the HO.

I agree with you it's a weak argument but that is where it stands now. It might change in future (the European Commission has disagreement with the HO whether CSI is required at all in a country that offers health services to all residents free of charge).

[Pearlofjune]

I am in similar circumstances...

Spanish citizen.
Entered the UK to marry BC (Cornish) husband in 2002.
NO ILR, no CSI as no relevant at the time.
Lived here for 12 years studying.
My house and my family are here no ties back in my home country.
What can I do?

Can somebody advice, please?

Regards

[ecogle]

Hi,
I am also in the same situation.

My partner studied from June 09 - Oct 12. When I applied for EEA2 ( Aug 20098) they told me to take CSI, We have taken for 1 year then, When I called the HO they said, if she is trying job parallel she don't need CSI. I have applied EEA4 2 Times and got refused. First time they sent refusal letter they wrote commonly she did not exercise treaty rights for the last 5 years.
Second time I wrote a covering letter stating case worker not mentioned on what basis my partner not exercised treaty rights for 5 years. Again they refused with several points, mostly not acceptable, since they calculate study period but they did not taken part time job while her studies. On my conclusion its based on luck if you of mixed status. Now I have applied EEA3 & 4, I will update once I get the result.

Kind regards
Ecogle