Registration Certificate or Permanent Residence card?

[Masafi]

Hi there,

This forum has many knowledgeable and helpful people so I thought I will post my concerns in here in hope to find a solution.

The situation is the following:

My wife, non-eu, 6 month's EEA family permit is going to expire soon and as a result she needs to apply for the EEA (FM) "registration certificate or residence card as the family member of an EEA".

While filling out my wife's application form I thought it would be a good idea to apply for a registration certificate too as I am looking to apply for the British citizenship in the long term. I did apply previously via EEA (QP) for a registration certificate but got this refused as I submitted only a certified copy of my passport rather than sending in my original.

I completed my wife's application up to section 5. Then in the last page of section 5 it states:

"Now got to-
*Section 10 if you are applying as the family member of an EEA national with permanent residence
*Section 11 if you are applying as the family member of an EEA national qualified person"0


In Section 11 you can choose A, B or C.

A: Sponsor is applying, or has applied, for a registration certificate.

This would apply to me if I was going to apply for one.

C: Category of qualified person

This applies to me as I am working as an engineer for a local government.

Both, A and C, apply to me but I assume if I was going to go for Section 11 I would have to opt for A rather than C as I would be applying for a registration certificate as well, right?


Now I have come across this:

You may be able to apply for a permanent residence card instead of a registration certificate if you have lived in the UK for a continuous period of 5 years as a qualified person. You need a permanent residence card to apply for citizenship.

https://visas-immigration.service.gov.uk/product/eea-qp

A qualified person is considered to be someone who is studying and or working in the UK. I came to the UK on the 1st September of 2011 to study and I am currently working. This would mean I would be residing in the UK longer than 5 years.

Now in December 2011 I had to defer my studies to the next year and travel abroad for around 7 months due to my dad's passing. I had to manage his estate and because he died in the Emirates and had car showroom this proved to be a very difficult task. I was forced to take over a debt-ridden business, but managed to sell the cars and the showroom within 7 months and returned to the UK as soon as I could.

Normally a continuous period is considered to be continuous when a person is absent for not more than 180 days within 1 year:

"Continuity of residence is not affected by —

(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;"

http://www.eearegulations.co.uk/Latest/ByPage/part1_3

But it goes further and states the following:


(c)any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

(3) But continuity of residence is broken if a person is removed from the United Kingdom under these Regulations


Now does my absence fall under (a) or under (c)? If it falls under (a) it means I would apply for a residence registration ceritifcate only. If it falls under (c) I would apply for a permanent residence card.


Your help is greatly appreciated! Thanks

[noajthan]

Welcome.

When did you arrive in UK? Month and year?

It may be that your 7 months can be considered to fall into two 12-month periods, split by anniversary of your arrival into UK.

And although the UK Regs state "6 months" to avoid breaking continuity there is case law that suggests it is not held to be a hard and fast rule.
It may be possible to be absent from UK and yet still considered to be resident.

And, as you have spotted, you may also be able to make a case under the one-off 'exceptional reason' clause to Regulation 3.
That will all depend on the quality of supporting evidence and the case you can make in a cogent supporting letter.

[Masafi]

Thanks for your reply. I first came to the UK on the 1st September 2011.

It may be that your 7 months can be considered to fall into two 12-month periods, split by anniversary of your arrival into UK.

I believe continuity understood by the authorities is as follows:

"...if your absences within any 12 consecutive month period of the 5 year continuous period do not exceed 180 days, you will not have broken the continuous period..."

So, 1st September 2011 - 2nd September 2012 is one year. Within this year I can be absent no more than 180 days. I was absent more than 180m days.

In terms of evidence, I am struggling to think of evidences proving my absence was an important reason. I could submit my father's the death certificate. I might have a few documents stating my ownership of this showroom which is in Arabic, but I am not eager to submit anything about my presence in the Emirates as I believe this would further complicate my case.

[Masafi]

I greatly appreacite any help and advice. I am stuck and don't know what to do. :/

[noajthan]

I greatly appreacite any help and advice. I am stuck and don't know what to do. :/

At face value you have broken continuity as you say the 7 months fell inside a one year period.
So you have to make a case for dealing with bereavement and probate etc etc as a one-off exceptional event.
Just staying somewhere abroad and supporting family and/or dealing with disposal of a business etc won't be good enough.

Its up to you to submit adequate supporting evidence. Not clear why evidence of being in GCC is thought to be detrimental, it doesn't depend on geography.

[secret.simon]

Now in December 2011 I had to defer my studies

This applies to me as I am working as an engineer for a local government.

While working qualifies as exercising treaty rights, studying requires you to have either CSI or a non-UK EHIC card to qualify as exercising treaty rights. So, for us to provide you with a more accurate answer, can you give us a detailed timeline of your presence in the UK and how you exercised treaty rights? Also, what nationalities do you hold (some EEA nationalities had specific conditions attached to them at the time of accession)?