Advice on application at discretion

[joannak]

Good morning,

I would be very grateful if you could advise on my situation. I am originally from Poland and I have come to the UK in September 2006 to do my undergraduate degree. Subsequently, I completed my PhD training (2010-2015). During my PhD (Feb 2014-March 2015) I have been offered a prestigious internship in Brussels, Belgium. I was still a student at the British University and visited the UK regularly, however the majority of that year I was leaving in Brussels. I returned in April 2016 and since then I work full time at one of the universities.

Apart from my internship break, I was only away from the UK for holidays. I am meeting the criteria of ‘not being absent for more than 90 days in the last 12 months’. However, the total number of days absence for the whole 5 year period will slightly exceed 450 (not more than 500 days away in total). Do you think I could still apply and have my application approved?

Thank you very much for your help!

[CR001]

Did you have comprehensive sickness insurance or foreign issued EHIC while a student?

Did you work at all during the time you have been in the UK?

Do you have a document certifying permanent residence? It is a mandatory requirement to submit this with an application for citizenship.

[joannak]

Thank you for such quick reply.

Yes - I had EHIC from the UK
Yes - I worked part time ever since I came to the UK in 2006, then full PhD studentship and then full time at the University. I am also registered as self-employed for my freelance business.
No - I don't have a document certifying permanent residence. Am I correct that this is it: https://www.gov.uk/government/publicati ... orm-eea-pr

Once again, thank you for your help!

[CR001]

Only a foreign issued EHIC will qualify. A UK issued one is not accepted for this purpose.

While you did your PHD from 2010 to 2015, did you work or were you a full time student?

Did you register with WRS?

In order to attain permanent residency, you have to be a qualified person exercising treaty rights. Just living in the UK is not sufficient.

[noajthan]

A confirmation of PR (DCPR) is now one of the mandatory prerequisites for naturalisation.

Suggest you focus on getting that DCPR first.
It needs a thorough review of your activities in UK and good documentary supporting evidence.

The absences from UK need to be reviewed carefully under EU rules too (different rules than for naturalisation).

A one-off absence (over 6 months, up to 12 months) may be accepted in exceptional circumstances.
Otherwise accumulated absences of over 6 months in any 12 month period (from anniversary of your arrival in UK) will have broken your continuity of residence in UK & stopped your PR clock.

[joannak]

Thank you both for this helpful information.

During my PhD, I occasionally worked for the University doing practical classes with students, marking coursework etc (paid on top of my usual stipend) but still with a full time student status. I was also volunteering for a couple of charities. I have never registered with WRS.

In terms of EHIC, I had one from Poland previously but during my internship in Brussels (and up to now), it was issued in the UK. It's very interesting that it doesn't qualify!

And yes @noajthan, I'm worried that my continuity of residence in UK has been broken because of the internship I will definitely look into getting DCPR, thank you.

[noajthan]

Thank you both for this helpful information.

During my PhD, I occasionally worked for the University doing practical classes with students, marking coursework etc (paid on top of my usual stipend) but still with a full time student status. I was also volunteering for a couple of charities. I have never registered with WRS.

In terms of EHIC, I had one from Poland previously but during my internship in Brussels (and up to now), it was issued in the UK. It's very interesting that it doesn't qualify!

And yes @noajthan, I'm worried that my continuity of residence in UK has been broken because of the internship I will definitely look into getting DCPR, thank you.

Unfortunately you face a number of challenges.

A UK EHIC is no good as that makes you a burden on the UK (host country) 'social assistance' system.
The rule is intended to avoid that.

Lack of CSI means your student years cannot count towards towards acquiring PR. (But see below).

Volunteering is not counted as work under EU rules.

Even if your part-time work is accepted as genuine and effective work the problem is, as an A8 national, you need to have been registered for WRS if working up to 2011.
WRS was terminated in April 2011, so you can only count time spent working since May 2011 towards acquiring PR.

Because of the above, the absence abroad due to internship may not make any difference to your continuity of residence because it seems those years cannot qualify anyway, (probably not as a student and possibly not as a worker).

This HO guidance on qualified persons may help:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- note sections on workers, students, (volunteers) also about CSI and on assessing work.

Some longshots - one of these may prove to be a lifeline:
1) Did you have a foreign EHIC in your very early student years in UK - from 2006?

2) Did you have a UK RC issued to you as a student in/before 2011?
If so there's a transitional arrangement meaning no need to show you had CSI/EHIC as a student.

3) Could you have been covered by a parent's health insurance from Poland?
If so, see #2

4) Did you have an EEA parent in UK at the same time as you and exercising treaty rights continuously as a qualified person (eg as a worker, self-employed etc) for 5 years?
If so, they could be your sponsor & your activity would be immaterial (hence no need for CSI/EHIC).

Note If you were over 21 at any time that you relied on a sponsor you would have to show financial dependency on such a sponsor.

Next steps:
a) Check for one of the longshots which may let you count student years.
b) Suggest re-examine your work timeline since 2011.
Watch out for gaps in qualified person status.

Worst case: your PR clock started in early 2016.
Good luck.

[joannak]

Once again, thank you for your help! I have learnt so much from you both in such short space of time!

Answering your questions:
1) Did you have a foreign EHIC in your very early student years in UK - from 2006? – YES, my polish EHIC was valid until the end of 2013

2) Did you have a UK RC issued to you as a student in/before 2011? – I’m not sure what RC is (which makes me think I don’t have it as I would probably know). I tried to find what it could be in this context but failed. Would you mind explaining, please?

3) Could you have been covered by a parent's health insurance from Poland? – YES, I was covered by my parent’s health insurance until Sept 2013.

4) Did you have an EEA parent in UK at the same time as you and exercising treaty rights continuously as a qualified person (eg as a worker, self-employed etc) for 5 years? – NO, my family has never worked in the UK.

As suggested I will re-examine my work timeline since 2011, however there will be very little to report there as the PhD training was the main focus, which I now know it’s not great.

To clarify one last thing, you said

‘worst case: your PR clock started in early 2016’

. Would it be early 2015 (April) as this is when I started working full time in the UK (after returning from Brussels)?

Thank you!

[noajthan]

Once again, thank you for your help! I have learnt so much from you both in such short space of time!

Answering your questions:
1) Did you have a foreign EHIC in your very early student years in UK - from 2006? – YES, my polish EHIC was valid until the end of 2013

2) Did you have a UK RC issued to you as a student in/before 2011? – I’m not sure what RC is (which makes me think I don’t have it as I would probably know). I tried to find what it could be in this context but failed. Would you mind explaining, please?

3) Could you have been covered by a parent's health insurance from Poland? – YES, I was covered by my parent’s health insurance until Sept 2013.

4) Did you have an EEA parent in UK at the same time as you and exercising treaty rights continuously as a qualified person (eg as a worker, self-employed etc) for 5 years? – NO, my family has never worked in the UK.

As suggested I will re-examine my work timeline since 2011, however there will be very little to report there as the PhD training was the main focus, which I now know it’s not great.

To clarify one last thing, you said

‘worst case: your PR clock started in early 2016’

. Would it be early 2015 (April) as this is when I started working full time in the UK (after returning from Brussels)?

Thank you!

1) Good.
If that Polish (not UK) EHIC was valid from 2006 whilst you were at university that will cover the need for CSI.
That means your PR clock was running.

How long were you a student for at that time?
- can you make it as a student until 2011?

If so you may have acquired PR by 2011. You would just need to apply for the confirmation of PR card (DCPR) now assuming you have rock-solid documentary supporting evidence.

2) RC is an optional Residence Certificate/card; it confirms holder's status in UK.
If you had one in/before 2011 it may exempt students from having had CSI in place.

You would know if you had one as you would have had to apply for it yourself.

3) Good.
That's also an alternative for CSI.
That again seems to covers student period from 2006. Until ??

Note You will need any foreign Policy documents translated into English.

As an alternative it may be that you can be categorised as a self-sufficient person by virtue of that that health cover (if you did have own means of support).

So if you only had a couple of years as a student from 2006 (??) it may be you can tag on time as self-sufficient to make up 5 continuous years.
Does that work?

If so you may have acquired PR by 2011/12??.
Again you would just need to apply for the confirmation of PR card (DCPR) now assuming you have rock-solid documentary supporting evidence.

Worst case (if none of the above stands up) is based on what you said earlier:

I returned in April 2016 and since then I work full time at one of the universities.

- or did you mean 2015?

[joannak]

1) Good.
If that Polish EHIC was valid from 2006 whilst you were at university that will cover the need for CSI.
That means your PR clock was running.
How long were you a student for at that time?
- can you make it as a student until 2011?

I guess so:
Sep 2006 – July 2010 – Undergraduate degree in England
September 2010 – January 2015 – PhD in Scotland (inc internship in Brussels Feb 14-March 15)

2) RC is an optional Residence Certificate/card; it confirms holder's status in UK.
If you had one in/before 2011 it may exempt students from having had CSI in place.

Thanks for the explanation. In that case, no, I have never had it.

3) Good.
That's also an alternative for CSI.
That again seems to covers student period from 2006.

It did, indeed.

I was self-sufficient during my university years. The only ‘help’ was a student loan which I am currently paying back. I have never claimed benefits, etc.


Worst case is based on what you said earlier: My bad! Very sorry for the confusion! It was April 2015.

So taking all of these into account, as a next step, would you still recommend getting DCPR (https://www.gov.uk/government/uploads/s ... _03-16.pdf)?

As always, THANK YOU!

[noajthan]

1) Good.
If that Polish EHIC was valid from 2006 whilst you were at university that will cover the need for CSI.
That means your PR clock was running.
How long were you a student for at that time?
- can you make it as a student until 2011?

I guess so:
Sep 2006 – July 2010 – Undergraduate degree in England
September 2010 – January 2015 – PhD in Scotland (inc internship in Brussels Feb 14-March 15)

...

3) Good.
That's also an alternative for CSI.
That again seems to covers student period from 2006.

It did, indeed.

...

So taking all of these into account, as a next step, would you still recommend getting DCPR (https://www.gov.uk/government/uploads/s ... _03-16.pdf)?

As always, THANK YOU!

I think you've smashed it.

Looks like you were a student qualified person (in EU migration sense) from Sept 2006 - Sept 2011.

Suggest taking a belt and braces approach - submit Polish EHIC plus Polish health policy (officially translated).

So yes: apply!
Suggest print off form.
Use the doc (linked above) plus PR Guidance (from Gov UK website) as your guides.
Try a dry run.
Collate all evidence.
See how it all shapes up.

[joannak]

YAAAAY!

You made my day @noajthan. Thanks a lot for your help!

Documents already printed and I now know what my plans for the weekend are!