EU citizen in the UK - asking for residence card?

[LilyLalilu]

He can apply simultaneously and the two applications will run concurrently but this should be flagged in both applications by means of covering letters. Assuming all requirements are met the PR will in effect be "backdated" therefore the need for the 1 year post-PR wait before applying for naturalisation will be satisfied.

Where do you get the information from that he can apply simultaneously?
Of course he doesn't need to wait one year after receiving the DCPR if he supplied evidence with the application that ended at least one year ago. But there still remains the requirement to send in the DCPR with the AN application - I wouldn't rely on the two UKVI/HO teams to work together just because covering letters are supplied, if you get a 'nasty' caseworker you may get a refusal. Rather wait 8 weeks for the DCPR...

[L_aventurier]

So assuming i cannot use the EEA route to ask for a permanent residency because I have only at most 'exercised treaty rights' for 4 years and a half continuously instead of 5... What can i do?

Should i use a completely different route like "Indefinite leave to remain". After all, I have been here for 10+ years?

Any other routes?

https://en.wikipedia.org/wiki/Indefinit ... _to_remain

Many Thanks

[LilyLalilu]

The EEA route is a lot cheaper than ILR under the immigration rules...as you have already worked three continuous years from 2013 up until now, why not just wait another 2 years? Even in case of a Brexit, it would still take them at least another 2 years until they really leave, so you'd have PR by then, just ensure you keep exercising treaty rights until then

[noajthan]

So assuming i cannot use the EEA route to ask for a permanent residency because I have only at most 'exercised treaty rights' for 4 years and a half continuously instead of 5... What can i do?

Should i use a completely different route like "Indefinite leave to remain". After all, I have been here for 10+ years?

Any other routes?

https://en.wikipedia.org/wiki/Indefinit ... _to_remain

Many Thanks

Good thinking. However UK immigration route is much more stringent (in terms of requirements) and financially demanding.

You will still need to show you have been exercising treaty rights during your EU years.
And its discretionary whether caseworker will allow an EEA applicant to apply under UK rules.

Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for third country nationals who have spent time in the UK as:

• an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence
  ...

However, you must apply discretion and count time spent in the UK as lawful residence for an EU or EEA national (or their family members) exercising their treaty rights to reside in the UK.

Sufficient evidence must be provided to demonstrate that the applicant has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules.

Ref https://www.freemovement.org.uk/can-tim ... plication/

[manci]

He can apply simultaneously and the two applications will run concurrently but this should be flagged in both applications by means of covering letters. Assuming all requirements are met the PR will in effect be "backdated" therefore the need for the 1 year post-PR wait before applying for naturalisation will be satisfied.

Where do you get the information from that he can apply simultaneously?

Home Office (unpublished)

[L_aventurier]

So you are saying the CSI requirement would still be there for 2005-2006 and 2011-2013 in the ILR route? therefore i could not use those years which would bring me down to 8 years instead of 10 years?

On a side note, is this worth asking some lawyers/solicitors, some seem to have a free initial consultation. For all the special ways for the entrepreneur grey area years / other alternatives routes / other things i wouldn't know. Surely there is a lot of additional specialist knowledge.

[noajthan]

So you are saying the CSI requirement would still be there for 2005-2006 and 2011-2013 in the ILR route? therefore i could not use those years which would bring me down to 8 years instead of 10 years?

On a side note, is this worth asking some lawyers/solicitors, some seem to have a free initial consultation. For all the special ways for the entrepreneur grey area years / other alternatives routes / other things i wouldn't know. Surely there is a lot of additional specialist knowledge.

Yes, that's my understanding of the requirements vis a vis any EU years within a 10 year LR application.

If you do choose a lawyer or OISC advisor ensure you check their EEA/EU immigration credentials, expertise & experience thoroughly.