Permanent residency based on 2 years non-EEA + 3 years EEA

[Ana_J]

I have Croatian citizenship and have been working in the UK for the past 2 years under Tier 2.
In July 2013, Croatia will have joined the EU (my Tier 2 would be 2.5 years by then), making my status in the UK a very nicely mixed cocktail.

The UKBA says that "An EEA National who has exercised treaty rights in the UK continuously for five years can apply for Permanent Residence (PR). "

How long do I have to wait then until I can apply for Permanent Residency (and Naturalisation)?

a) 2.5 years on Tier 2 as a non-EEA member + 2.5 more years starting from July 2013 as a EEA citizen

b) 2.5 years on Tier 2 as a non-EEA member + 5 more years as a EEA citizen

Thanks,
Ana

[sheraz7]

Simple answer is no. Because you spent 2.5 years on tier 2 under uk rules. Under eu rules for getting permanent residence you need to strictly be a qualified person for 5 years when croatia will join eu.

[Ana_J]

Thanks sheraz, that does make sense.

[Stefan-TR]

Quote from a sticky thread (Judgement on OFM and on PR finally out):

The judgement in Czop confirm from the earlier case of Accession state national that residence accured before their state accede to the EU counts towards PR, provided it was in accordance with Article 7 of 2004/38EC.

[Obie]

Quote from a sticky thread (Judgement on OFM and on PR finally out):

The judgement in Czop confirm from the earlier case of Accession state national that residence accured before their state accede to the EU counts towards PR, provided it was in accordance with Article 7 of 2004/38EC.

I agree with the above.

[fysicus]

I don't know the details of the Accession Treaty for Croatia, but I expect that Croatians will be subject to restrictions for at least seven years (like Bulgarians and Romanians now).

This will probably mean you have an automatic right of residence but not an automatic right of work.

And indeed, it would be logical to expect that PR under the EEA rules is only acquired after Croatia is in EU for five years (so mid 2018).

But of course, you can always give it a try and apply for PR three years from now and see what happens. The application is free, after all, and a refusal will not have any negative effect on your status in UK.

[Jambo]

This will probably mean you have an automatic right of residence but not an automatic right of work.

Normally (at least this was the case with A8 and A2), you are exempt from work authorisation if you have worked in the UK under the UK immigration rules for at least 1 years before the country joined the EU.

And indeed, it would be logical to expect that PR under the EEA rules is only acquired after Croatia is in EU for five years (so mid 2018).

Maybe logical but the ECJ ruling has said different.

[EUsmileWEallsmile]

I don't know the details of the Accession Treaty for Croatia, but I expect that Croatians will be subject to restrictions for at least seven years (like Bulgarians and Romanians now).

This will probably mean you have an automatic right of residence but not an automatic right of work.

And indeed, it would be logical to expect that PR under the EEA rules is only acquired after Croatia is in EU for five years (so mid 2018).

But of course, you can always give it a try and apply for PR three years from now and see what happens. The application is free, after all, and a refusal will not have any negative effect on your status in UK.

The proposals are here

http://www.homeoffice.gov.uk/publicatio ... iew=Binary

[EUsmileWEallsmile]

This will probably mean you have an automatic right of residence but not an automatic right of work.

Normally (at least this was the case with A8 and A2), you are exempt from work authorisation if you have worked in the UK under the UK immigration rules for at least 1 years before the country joined the EU.

And indeed, it would be logical to expect that PR under the EEA rules is only acquired after Croatia is in EU for five years (so mid 2018).

Maybe logical but the ECJ ruling has said different.

These conditions will apply to Croations too.

[EUsmileWEallsmile]

I have Croatian citizenship and have been working in the UK for the past 2 years under Tier 2.
In July 2013, Croatia will have joined the EU (my Tier 2 would be 2.5 years by then), making my status in the UK a very nicely mixed cocktail.

The UKBA says that "An EEA National who has exercised treaty rights in the UK continuously for five years can apply for Permanent Residence (PR). "

How long do I have to wait then until I can apply for Permanent Residency (and Naturalisation)?

a) 2.5 years on Tier 2 as a non-EEA member + 2.5 more years starting from July 2013 as a EEA citizen

b) 2.5 years on Tier 2 as a non-EEA member + 5 more years as a EEA citizen

Thanks,
Ana

Your post has prompted my to make a sticky for Croatia's accession.
http://www.immigrationboards.com/viewto ... 721#761721

Thanks for highlightling this issue.

And by the way, it will be 2.5 years after assession if you maintain your status of worker.

[Obie]

I had this Topic on Sticky previously, but it seem to have been take of by one of the moderators.

This issue was settled in that case.

[Ana_J]

And by the way, it will be 2.5 years after assession if you maintain your status of worker.

Question:

A Croatian friend of mine has been in the UK for 1 year on Tier 4 student visa + 3 years on Tier 2 worker visa (out of which the last ~2 years have been as an EEA-member since Croatia joined EU in 2013).

That's 4 years of residency with 3 years on work visa, and now has the status of an EU citizen from Croatia with no work restrictions.
So does this mean she can apply for Permanent Residency in:

a) 2 years (student visa time doesn't count towards residency)
b) 1 year (student visa time does count)

Thanks