EEA (PR) long time in UK

[ZutAlors]

Hello everyone,
I am really pleased to have found your forum and learnt a lot.
However there's a question that bothers me.
How much information in years do I need to submit? I am a EU (French) citizen, been here over 30 years, married to a UK citizen and will probably apply as a self-sufficient person. I'm confused as to whether five years is enough for documentation. Am I also supposed to show over 3 decades of holiday/work-related leave from the UK?
Many thanks for your help and time.

[noajthan]

Hello everyone,
I am really pleased to have found your forum and learnt a lot.
However there's a question that bothers me.
How much information in years do I need to submit? I am a EU (French) citizen, been here over 30 years, married to a UK citizen and will probably apply as a self-sufficient person. I'm confused as to whether five years is enough for documentation. Am I also supposed to show over 3 decades of holiday/work-related leave from the UK?
Many thanks for your help and time.

Depends when you automatically acquired PR.

You need to prove you exercised treaty rights continuously for 5 years.
And also prove your residency in UK during that time and subsequently. That is to prove that PR (if acquired) not been lost due to any subsequent prolonged absence.

If self sufficient did you (do you) hold CSI?

Pro tip: check you weren't originally stamped into UK with ILR.
If you strike lucky and got (and still have) ILR you might be able to avoid all this palaver.

Bonne chance ZutAlors!

[ZutAlors]

Hi Noajthan,
thanks for your reply. I do have CSI - well a private health insurance membership through my husband's work so I hope that's ok?
The other thing I have is an old card, a Residence Permit for a national of a member state of the EEC issued in 1985 but expired in 1990 so I assume that's not good enough.

[noajthan]

Hi Noajthan,
thanks for your reply. I do have CSI - well a private health insurance membership through my husband's work so I hope that's ok?
The other thing I have is an old card, a Residence Permit for a national of a member state of the EEC issued in 1985 but expired in 1990 so I assume that's not good enough.

Hubby's insurance will be fine if 'comprehensive'.

A 5 year RC is just an interim document that confirmed status at the time.
Useful evidence to include though.

Have you checked old passport from mid-1980s to see if you were given ILR?

If no ILR then suggest choose best qualifying period for PR with best quantity of supporting evidence.
You need identity, residence (/absences) and treaty rights evidence.

Ofcourse the longer you go back the more you will have to dig out, which may be challenging.

[noajthan]

A thought which will require research...

My spidey sense is twitching, you may have struck gold with that RP from 1985.

There was no PR in 19-forgotten.
The concept of PR was brought in in 2006 but (as per my understanding) activity under previous EC Regulations can be used to acquire PR, (which will be dated from 2006).

It may be that simple evidence of exercising EC rights at a snapshot in time (as shown by the RP) is enough to confer settled status.
Not sure.

Suggest digging into that question and perhaps members experienced in that period can lend a hand.
Stand by.

[ZutAlors]

Yes what puzzles me is that I have nothing following 1990. At that time I was quite switched on as to what was required and I can't understand why I did not renew that card.

[noajthan]

I know that EC/Union citizens seeking to register UK-born offspring at key dates pre-2006 only have to show evidence at a snapshot in time to prove they (as parent) were settled.

If you are fortunate this may apply to you too, in terms of settled status.
(There was no concept of 5 years of continuous treaty rights as relevant Directive had not come into play at that time).

[ZutAlors]

My children were born in the UK before 2 October 2000 and both have UK citizenship. I was never asked whether I was settled at that time. I have an NHS number, an NI number etc.

[noajthan]

Case law of Lassal (also a French lady) determined that a period of 5 years continuous residence (in UK) as per community rights pre-2006 can contribute to acquisition of PR (dated as of 2006).

That is as long as no subsequent, continuous absence of 2 years (or more) terminated the PR.

Did you have CSI at that time?
Or were you working in UK?
Can you prove it?
If so I think you've smashed it - together with that RP.

Ref:
http://www.bailii.org/eu/cases/EUECJ/2010/C16209.html

Otherwise its a case of collating more robust and recent evidence to make the case.

[ZutAlors]

Thanks noajthan you're a star.
I have no continuous absence of 2 years or more.
I was working and can prove it but I also took unpaid maternity leave and read somewhere that you had to remain with your employer and take up to 6 months max maternity leave - so cannot prove continuous employment. (I took one year.) CSI: my husband had it but he's binned all the documents because so old and did not use it. As said used NHS.

[noajthan]

I think maternity leave up to 1 year may be accepted.

No evidence of CSI is a problem. Its not about use of NHS, use of NHS or a UK EHIC doesn't help.

You will need evidence of work instead.

Or come forwards in time until perhaps 2006-2011 or whenever.

[ZutAlors]

Sorry to be thick but presumably I was allowed to use the NHS pre-2006?

[noajthan]

Sorry to be thick but presumably I was allowed to use the NHS pre-2006? :shock
:

I don't remember the arrangements for community members 'back in the day'. Presumably so.

But its only economically-inactive persons, eg students, selfsufficient, who need CSI whilst exercising treaty rights.

The idea is noone should pose a burden to social assistance system of the state.

Workers and selfemployed pay tax and so contribute in that way.

[ZutAlors]

Thank you so much, been very helpful.