EEA National, came for study, now working.

[londoner01]

Hello,

I'm just making sure that I am eligible to apply for BC.

I am an EEA national, and this is my timeline:

Sept 2005 - July 2008: in the UK for undergraduate study.
Oct 2008 - Oct 2009: in the UK for postgraduate study.
Nov 2009: Started paying NI contributions
Dec 2009 - Jan 2010: Temporary employment as self-employed
Feb 2010 - April 2010: Temporary employment as self-employed for a different employer
April 2010 - present: in employment and in possession of relevant P60 forms

I have not left the country for more than 450 days over the past 5 years, and not for more than 90 days over the past year.
I may have left the country for longer than 90 days per year in my first years as an undergraduate student but any subsequent year will definitely balance that out.

I have not yet passed the Life in the UK test but am aware that I need to.

My questions are:
- do my student years count towards the 5yr requirement?
- do I need to supply a certificate of permanent residency?

On the booklet it seems to refer to certifying residency as a worker and as a student as two separate instances, and it's not clear to me how to combine the two.

Many thanks in advance.

[Jambo]

To be able to apply for naturalisation, you will need to have acquired a Permanent Residence status at least one year before applying. Permanent Residence status is acquired automatically after exercising EU treaty rights for 5 years. All good so far.

However, the HO requires EEA nationals exercising treaty rights as students to hold a Comprehensive Sickness Insurance (CSI) i.e. private health insurance so they don't become burden on the state.

Have you had a health insurance (not NHS) for your student times? Alternatively, have you held a non UK EHIC for that period?
Or - have you applied for a Residence Certificate (EEA1) as a student before June 2011?

If you answer no to these questions, then the HO will not consider you have exercised treaty rights during your student years and as such an application for BC now is likely to get refused.

[londoner01]

Hi Jambo,

Thank you very much for the prompt reply.

I have an EHIC from my country of origin valid until 31/08/2011 (just realised I need to renew it!). Unfortunately I cannot tell when it was valid from just from the card itself. Looking at my country's law and its amendments, it used to be valid for 5 years from its start date, and since 2010 it is valid for 6 years from start date.

This would suggest I was covered at least from August 2006. August 2005 seems more likely to me as I remember doing the paperwork for it before I moved to the UK, but I may have been on a temporary card for my first year.

Supposing the date is August 2006, should I go ahead and apply at the turning of the 5+1 years, thus in August 2012?

(Would anyone know how I certify the start date of the EHIC?)

Thank you so much for your help so far!

[Jambo]

Going back to your original questions:

- Your student years would count in your case for the 5 years needed for PR status if you can provide proof you had EHIC for that period. Try to get a letter from the health authorities in your home country to confirm the start date. If this is Sep 2005, you can apply for BC now.

- You do not need to provide a PR confirmation documents. The naturalisation application form (form AN) has a special section (2.4-2.6) to fill in for EEA nationals which will allow the HO to determine if a PR status has been obtained.

If you wish you can 'test the water' by applying for PR confirmation using form EEA3 as the application is free so there is no big downside (apart from sending the passport/ID card for 2-3 months). If approved, it will show that you had PR status on the date of issue. You can either wait 1 year and apply for BC without providing the evidence again or apply for BC and proving again that you had obtained PR status at least 1 year before applying for BC.

If you apply directly for BC, I suggest you attach a cover letter explaining that you had EHIC for your student years as CSI so it is clear.

[londoner01]

Thanks again.

I was able to retrieve online information, and my EHIC's start date is Sept 2006. I wonder whether I used to have an E111 prior to that, and if I can retrieve it, but I can wait until September otherwise!

So whenever I apply, if I want my student years to count I will need to supply supplementary evidence, presumably a copy of my EHIC card and a copy of this webpage that says when it is valid until. Would I need a certified translation of this webpage or do you reckon a cover letter like you suggested would be enough?

I'll think about the PR confirmation via EEA3 option, I wonder if there's a way to do it without surrendering the ID document (e.g. via NCS) so that I can sit the Life in the UK test (and travel?) in the meantime.

Thanks for your help Jambo!

[Jambo]

I would not go into the length of certifying the translation of the website. You can translate it yourself and explain it in a cover letter. If the HO want to be picky, they will request further information.

EEA3 is postal only. If your country has national ID, you can use that for the application and a passport for the test/travel.