EEA PR - Can I apply?

[AliceA_]

Hello All,

My first post here!

I am an EU National - Estonian to be more precise, and want to apply for Permanent Residence Certificate.
I have been living in UK for 16 years - since 2000, moved with my mother and I was 10 yrs old at the time. I have studied in the UK; primary school, secondary school, 6th form, university..

I have never found the need to apply for British citizenship, as I have had the freedom to live and work here without it. I was also put off by the lengthy and costly application, I graduated from university in 2012 - applying before then was not really financially feasible.
Now I am financially stable, (I will be applying for PR alone) and of course with the referendum looming, I have realised the necessity of PR documents. All my ties are in the UK, and I couldn't image having to move away.

I have a few doubts and worries on whether I can actually apply for permanent status, after going over the application form. Here are some of my queries:

1. Comprehensive Insurance Section (CSI) whist studying. Is this applicable to me? I have never even heard of this and was never prompted to supply this at any point during my studies. I was working part time before university and then full time in the summers throughout my uni years.

2. WRS certificate - As stated above, I was working part time jobs whilst in college and university. This would have been from 2006 through to 2010 (most jobs were with large retail companies) I cannot recall being asked to apply for WRS permit - so therefore I'm not sure what to put on the form. Does this mean I was working illegally?!

3. Proof of residency - How detailed does the proof have to be? I'm not sure how much I can dig out from the past 5 years! As I have never thought about applying for citizenship, or what that would entail, I haven't kept a detailed backlog of bills, payslips, etc..

4. I went away for 7 months from October 2014 - May 2015 (7 months total) for holiday/travelling purposes. Would this affect my application in any way?

Any help or advice would really be of use, as I am ready to bin this application in frustration!!

Thank you so much in advance!!

Alice

[noajthan]

Hello All,

My first post here!

I am an EU National - Estonian to be more precise, and want to apply for Permanent Residence Certificate.
I have been living in UK for 16 years - since 2000, moved with my mother and I was 10 yrs old at the time. I have studied in the UK; primary school, secondary school, 6th form, university..

...

Here are some of my queries:

1. Comprehensive Insurance Section (CSI) whist studying. Is this applicable to me? I have never even heard of this and was never prompted to supply this at any point during my studies. I was working part time before university and then full time in the summers throughout my uni years.

2. WRS certificate - As stated above, I was working part time jobs whilst in college and university. This would have been from 2006 through to 2010 (most jobs were with large retail companies) I cannot recall being asked to apply for WRS permit - so therefore I'm not sure what to put on the form. Does this mean I was working illegally?!

3. Proof of residency - How detailed does the proof have to be? I'm not sure how much I can dig out from the past 5 years! As I have never thought about applying for citizenship, or what that would entail, I haven't kept a detailed backlog of bills, payslips, etc..

4. I went away for 7 months from October 2014 - May 2015 (7 months total) for holiday/travelling purposes. Would this affect my application in any way?

Any help or advice would really be of use, as I am ready to bin this application in frustration!!

Thank you so much in advance!!

Alice

Welcome.

1) CSI (or at a pinch a foreign-issued EHIC) are needed in order for your carefree university student years to count towards acquiring PR. (Not required for school years though).
No CSI probably means your PR clock stopped whilst at uni. Which is a concern.

Its a longshot but could you have been covered by parents' health cover from home country?
Or did you have a UK RC issued to you as a student in/before 2011?

2) As you are an A8 national you are required to have registered fully and properly for WRS (for 12 months) if you were a worker up until 2011.
Otherwise your PR clock will have not started until WRS ended in early-2011. Again this is a concern.

Yes, technically you were working illegally without registering. And your employer was definitely committing an offence in employing you.

3) Yes, quite detailed evidence is required especially as your passport will probably not have been stamped in/out of country.

You need to submit good if not unimpeachable documentary supporting evidence to back all of your your case;
including evidence of identity, residency, proof of treaty rights, absences within limits etc .

Read the guidance to get up to speed on this. Then feel free ask questions around any doubts.

4) Up to 6 months absence in a 12 month period is accepted as not breaking your continuity of residence in UK.
The 12 months is based on the anniversary of your arrival in UK so work out your absences based around whatever month that was.

Next steps:
1) Check for foreign health cover &/or foreign EHIC &/or student RC.
2) Calculate your absence was within prescribed limits.

Your lack of WRS is still a problem.
However if you've been here 16 years, who did you come with?

Did you have an EEA parent exercising treaty rights in UK as a qualified person for some continuous 5 year period 'back in the day'?
If so you may have acquired PR already (perhaps during 2000/2001 - 20005/2006 or so), on the basis of being a child in education and your EEA parent/sponsor's direct family member.

You still need to apply for a 'confirmation of PR' card especially if you have ambitions for the privilege of citizenship.
But it means you still have a chance and all is not lost even if you didn't have health cover &/or WRS.

Alternately, depending on your timeline and activities you may have acquired PR since 2011 (after WRS ended) ie around about now.

Don't give up - it will be worth it in the end.

[AliceA_]

Thank you for your reply!

1. Definitely didn't have any kind of health cover. My mum is/was my only carer and lives in the UK, no one would have been paying for my health cover from abroad. This issue was just never flagged up...


"Your lack of WRS is still a problem.
However if you've been here 16 years, who did you come with?

Did you have an EEA parent exercising treaty rights in UK as a qualified person for some continuous 5 year period 'back in the day'?
If so you may have acquired PR already (perhaps during 2000/2001 - 20005/2006 or so), on the basis of being a child in education and your EEA parent/sponsor's direct family member."

- I moved to the UK with my mum - who has exercised her treaty rights since 2004, as far as I'm aware. She has been a qualified NHS nurse since 2011.
She hasn't applied for PR, neither is she in a rush to. How would I include this in my application?


Thank you

[noajthan]

Thank you for your reply!

1. Definitely didn't have any kind of health cover. My mum is/was my only carer and lives in the UK, no one would have been paying for my health cover from abroad. This issue was just never flagged up...


"Your lack of WRS is still a problem.
However if you've been here 16 years, who did you come with?

Did you have an EEA parent exercising treaty rights in UK as a qualified person for some continuous 5 year period 'back in the day'?
If so you may have acquired PR already (perhaps during 2000/2001 - 20005/2006 or so), on the basis of being a child in education and your EEA parent/sponsor's direct family member."

- I moved to the UK with my mum - who has exercised her treaty rights since 2004, as far as I'm aware. She has been a qualified NHS nurse since 2011.
She hasn't applied for PR, neither is she in a rush to. How would I include this in my application?

Thank you

So there's a chance you and mom have acquired PR in the period from 2004-2009 or so ie with mom as sponsor.
fyi - you can be her dependent (with no need to prove any financial dependency) until age 21.
Over 21 you'd have to show financial dependency.

By applying with mom as sponsor your activity in UK is immaterial so your lack of WRS registration &/or lack of CSI does not actually matter.
In this scenario your rights and acquisition of PR are derived from your sponsor (even though you are an EEA national too).

What was our mom/sponsor doing from 2004+ (working, studying etc)?
Did she enjoy any gaps in activity or any absences from UK?
If a student did she have CSI?
If working did she register for WRS (or had she been working in UK before 2004)?

Note: With uncertainty and even Brexit in the air perhaps mom would like to think about applying for her proof of PR too.

If mom applies for confirmation of PR as well as you then she would fill in PR form as main applicant and put you as a family dependent.

If you apply (& she does not) then you are the main applicant but also fill in section 2 of PR form for mom as sponsor.

If the 2004+ timeline doesn't work out then what have you been doing in UK since 2011 (when WRS ended)?

[Noetic]

Agree with those who said get PR confirmation for both asap as you don't know the outcome of the referendum and if worst comes to the worst at least you both have the PR document and can hope it gets converted to ILR.

If your Mum had WRS I'd apply for her DCPR based on the earliest period possible and for yours as a family member of her. If not you'll have to apply based on her activity after the abolition of WRS which makes up 5 years also.

[AliceA_]

If the 2004+ timeline doesn't work out then what have you been doing in UK since 2011 (when WRS ended)?

2011 - 2012 was my final year of uni. Since then I have been in full time employment - apart from the 7 month break abroad.

I think I'm going to have to talk mum into applying for PR together for sure! I didn't think of this before, so, thank you!! I think this would be the easiest route, and most straightforward way to go about it. I'm pretty sure she had WRS, but would need to double check.

Thank you for your help in the meantime!

[noajthan]

If the 2004+ timeline doesn't work out then what have you been doing in UK since 2011 (when WRS ended)?

2011 - 2012 was my final year of uni. Since then I have been in full time employment - apart from the 7 month break abroad.

I think I'm going to have to talk mum into applying for PR together for sure! I didn't think of this before, so, thank you!! I think this would be the easiest route, and most straightforward way to go about it. I'm pretty sure she had WRS, but would need to double check.

Thank you for your help in the meantime!

Its probably beneficial for mom to have settled status in UK too; (it can't hurt & only costs £65).

If mother had WRS then its likely you have both acquired PR through her by now.
Maybe from 2004 - 2009 or thereabouts.

If noone had WRS then you could probably apply in your own right, as a worker, sometime in 2017 (ie from 2012-2017).
Assuming no Brexit (or giant meteorite).

Note its not a legal requirement to use the latest, 'monster' PR form.
You can use an earlier (simpler) version if you prefer. (Examples to be found in forum).