Do you think I can apply for Permanent Residence?

[mary123]

Hello.

Im a Romanian national, I'll just give you a quick overview of my immigration history

1.Worked in the UK from 2005 to 2007 (2 year Au pair visa)
2.When Romania, joined the EU on 1 Jan 2007, I applied for my residence card in Feb 2007 , it was approved and issued to me on the basis of my prior work as an au pair

3.Ive been in continous employment from 2007 to 2010.

My total time spent in the UK= 5 years 8 months( 2 year Au pair Visa + 3 years 8 months on Residence card.

Can I apply for permanent residence?

Thanks for your help.

[Mr Rusty]

Sorry, I don't think you can.

Looking at the European Casework instructions, I can't see anything in there that includes periods spent in the UK under the Immigration Rules rather than the Immigration (EEA) Regulations 2006, which state:-

"Permanent right of residence
15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;"

It's the part highlighted in bold which excludes your time spent as an au pair.

[geriatrix]

AIUI, one may apply for settlement on the basis of their stay in the UK either under UK immigration laws (ILR) only or under the EEA regulations (PR) only ... not both (mix and match).


regards

[mary123]

Hi,

Thanks all for your advice, saw a post by Obie, do you think this will apply to me..link is here

http://www.immigrationboards.com/viewtopic.php?t=64860

The European Court of Justice has ruled in the Lassal case that residence accrued before the 2004/38EC directive came into force on 30th April 2006, can be counted as part of the 5 years set in the directive.

Also the Advocate General has given his opinion in the case of Ruiz Zambrano, If the judges follow or engage this opinion, as they usually do, it will mean an end to Reverse discrimination for immobile EU citizens.