Any chances for EEA PR application?

[kaktusak]

Due to recent events, I started thinking again about sorting out my status in this country but my situation is a little bit complicated. I am EEA national and I moved to UK in Dec 2005 and started my job immediately afterwards. I've applied for WRS in Jan 2006, then around year later I've applied for Registration Certificate. I've worked with the same employer full-time till Aug 2009. In Sep 2009 I've started a university course (four years MEng degree). During the second year of my course, when I was preparing for PR application I've found out to my frustration about CSI requirement. I've spent some time dwelling around the topic but eventually I've given up and decided to sort it out after I'll graduate. I didn't hold EHIC card other than UK at this time as my country (Poland) do not issue long time lasting EHIC card and my card from 2005 has obviously expired. I was also way too old to claim any dependency on my parents to get any sort of medical insurance. During my students years, I worked during summer breaks (three times in total, around 3 months lasting jobs providing around 3k, P45 at the end of each summer) but I didn't work during term time.I graduated in June 2013 and in July I've started my current job. The plan was to wait till I will be in the UK again five years as 'rightfully exercising treaty right person' and in around two years time apply for PR. I didn't buy CSI at that time as I saw it as a waste of money, my contact with NHS during this 12 years was limited to registering with GP practice and I've never been off sick during my stay in UK. However, recent events slightly worried me and I am thinking now how to speed up the whole process. I am also a partner (not-married) to EEA national who came to UK year before me. She applied for PR around 2011 and get UK citizenship in DEC 2015. We become partners before we came to UK so its really long term relationship, lasting so far probably more than most marriages nowadays but nonetheless not good enough in view of UK government. I thought about applying as 'extended family member' of my partner but obviously, I don't hold any 'EEA permit' or 'residence card' under her name. To cut this long story short, is there any hope for me in terms of PR without need to wait another two years risking changed to immigration status of EEA citizens?

[kaktusak]

anyone?, any thoughts?

[noajthan]

anyone?, any thoughts?

Not much hope based on your history.

Your BC partner cannot sponsor you so you need to acquire PR in your own right.

If you had had an EFM RC on the basis of your partnership from, say 2010 to 2015, you may well have acquired PR before your partner became a BC.
But no RC makes that route unviable.

Regarding your evidently carefree student years, you had no CSI or foreign EHIC or parental health cover nor parental sponsorship.
Your part-time work during student years is not enough to qualify as a worker qualified person.

Its a long shot but did you have a RC issued to you as a student in/before 2011?
(Your summary is not paragraphed so its hard to unravel on a small screen cellphone).

Worst case your PR clock started with work in 2013 and you should acquire PR by 2018 (assuming no Brexit before then).

If you run out of time you will have to rely on the British sense of fair play and any transitional arrangements that may be put in place. (Yet TBC).
Historically such transitional arrangements have typically depended on holding EU documentation.

Pro tip: suggest you apply for a RC anyway just to register your presence in UK and to confirm your current status.
The RC will help show you have skin in the game.

[Richard W]

I don't see a quick route to PR, but oddly I do see a possible quick route to British citizenship! It would be simpler for you, as you do not need a visa, and do not need to be accompanied by your partner. However, you would have to marry your partner so that you only needed three years lawful residence in the UK. You might be refused citizenship as being of bad character because you were in breach of the immigration laws while a student.

Unless the Home Office loses in the Lounes case, Case C-165/16 to the ECJ, I do not believe your partner can become your sponsor for the purposes of the EEA Regulations without renouncing British nationality. If she renounces British nationality, she might not recover permanent residence. The only advantage of her sponsoring you would be that you would not have to remain in employment until you achieved PR. By that time, newly acquired PR might well be a time-limited status, lasting only as long as the UK remains in the EEA.

[noajthan]

I don't see a quick route to PR, but oddly I do see a possible quick route to British citizenship! It would be simpler for you, as you do not need a visa, and do not need to be accompanied by your partner. However, you would have to marry your partner so that you only needed three years lawful residence in the UK. You might be refused citizenship as being of bad character because you were in breach of the immigration laws while a student.

Unless the Home Office loses in the Lounes case, Case C-165/16 to the ECJ, I do not believe your partner can become your sponsor for the purposes of the EEA Regulations without renouncing British nationality. If she renounces British nationality, she might not recover permanent residence. The only advantage of her sponsoring you would be that you would not have to remain in employment until you achieved PR. By that time, newly acquired PR might well be a time-limited status, lasting only as long as the UK remains in the EEA.

@R this is all bonkers. The OP does not even have a 'Chinese wife'.

All OP needs to do is keep head down, keep nose clean, keep working, stay based in UK and wait to acquire the holy grail of PR in approx 2 years.

As this topic is all about gaining status in UK, why would you suggest to someone who has already reached the privileged and happy state of British citizenship that they should contemplate renouncing it, putting their position at risk, in order to help someone else to get it.
People don't want to run untested legal experiments on their lives - they just want to get on and live their lives.

[kaktusak]

Regarding RC (Registration Certificate?) for EEA citizens I'd received one in 2007 , year after I've registered in WRS, but it was issued to me as a worker (I didn't even consider going to university at this time, it was a career change move I decided to pursue later on). I don't know if it will be right to try to get new RC again, so many years since my move to UK?
I could obviously marry my partner (she hoped that my desire to resolve my legal status in the UK will give me more arguments for a marriage but so far I am still resisting:) but as far as I know it could only remove the need to wait one year after acquiring PR before applying for naturalisation? so no real incentives in terms of PR.
So it seems that there is nothing I could do at the moment, I am thinking about changing my job within a year but I will have to make sure I have a new contract before I hand in a notice to keep my PR clock ticking.
If things got really ugly I could always marry my girlfriend or move to another EEA country, I am sure a nurse and an electronics engineer will be welcomed everywhere .

[noajthan]

Regarding RC (Registration Certificate?) for EEA citizens I'd received one in 2007 , year after I've registered in WRS, but it was issued to me as a worker (I didn't even consider going to university at this time, it was a career change move I decided to pursue later on). I don't know if it will be right to try to get new RC again, so many years since my move to UK?
I could obviously marry my partner (she hoped that my desire to resolve my legal status in the UK will give me more arguments for a marriage but so far I am still resisting:) but as far as I know it could only remove the need to wait one year after acquiring PR before applying for naturalisation? so no real incentives in terms of PR.
So it seems that there is nothing I could do at the moment, I am thinking about changing my job within a year but I will have to make sure I have a new contract before I hand in a notice to keep my PR clock ticking.
If things got really ugly I could always marry my girlfriend or move to another EEA country, I am sure a nurse and an electronics engineer will be welcomed everywhere .

Unfortunately a RC for a worker won't invoke the transitional arrangement predicated on holding a RC as a student that saves you from having to show you had CSI as a student.

As suggested, getting an optional RC now may pay dividends and help you when UK finally gets it act together and decides how to address the millions still 'in flight' on an EU migration trajectory.

Yes, marriage to a BC saves you from having to be free from immigration time restrictions for 12 months before shooting for privilege of citizenship.