Irish national applying for permanent residence

[patricia1066]

I am an Irish national working in UK since 1989 with Local Government employment for 10 years from 1990. I worked in charities and temporary jobs since then. I got married in 2004 to a British citizen. Neither of us are retired, though I have not worked or claimed benefits since 2009. State Retirement will be in 14 years time.

I completed EEA1 just to get my mind around the evidence etc needed for Permanent Residence, and I have a few questions I would appreciate putting to the experts on this board. Will this form still be eligible as an application form in January 2017?

1.6 Date on which you last entered the UK? The return date from my holiday in Italy Nov 2016, or my entry into UK in 1989
Do I need the date of each time I returned to UK re
a) 5 years from 1990 or
b) make a statement that I considered myself permanently employed, and left UK at each Christmas holiday, returned within one week. No direct evidence of this however, just my pension statement issued by LB Waltham Forest detailing unbroken work history between 1990 and 1999.

2.1 Does my BC spouse mean I should tick yes, even though I am not asking for a RC for him?

NCS - Do they give a Certificate of Application?

Is a LB Waltham Forest Annual Deferred Benefit Statement dated 23/08/2016 acceptable evidence of the various London Boroughs that I have worked for? It covers employment in Greenwich and Waltham Forest LBC.

[noajthan]

A British spouse cannot normally sponsor any EU family member.

The EEA1 form is outdated and a RC application does not really prepare oneself for a DCPR application.

Not sure why you think you need PR confirmed anyway.

[patricia1066]

Thanks for responding. I want to naturalise in 2017 and believe PR is a requirement. I read the discussion on the board, but no one has replied to show they were successful in applying sans PR.

I read that EEA1 was acceptable, but that doesn't mean its suitable in my circumstances.
My reason for applying is that Brexit may lead to loss of CTA rights enjoyed by Irish citizens. I need advice on what evidence will be needed, and for what period.

[noajthan]

Yes DCPR is now a prerequisite for EEA nationals who wish to naturalise.

Proof of 5 years continuous treaty rights as a qualified person required.
Look at EEA PR form and guidance (whether or not you apply on that 'monster' form).

But CTA is nothing to do with Brexit and I've not heard in media or forum that CTA is in question or under threat.

[patricia1066]

Yes DCPR is now a prerequisite for EEA nationals who wish to naturalise.
But CTA is nothing to do with Brexit and I've not heard in media or forum that CTA is in question or under threat.

http://www.legislation.gov.uk/ukpga/2009/11/section/49 was amended to comply with EEA so needs to be part of the Great Repeal. So it comes under all that May has to "consider", though no one is specifically singling CTA for the axe.

If Ireland is unable, due to Treaty obligations, or unwilling to act as proxy UK immigration officials then CTA would be hard to justify. Though at the moment British seem to hold both that they don't want to reinstate the land border on the Island of Ireland, and that they want to control EEA migration. They can do one or the other with CTA in place.

As you suggest, I will look at the guidance to see the answers to my questions. Reviewing EEA_PR_03_16.pdf ss 5,9,16,17,19

[Obie]

Irish nationals don't need PR to apply for citizenship as they are considered as settled from the day they arrive.

They are only required to demonstrate 5 years residence in the UK to qualify for citizenship and not 5 years of Treaty rights.

[Petaltop]

But CTA is nothing to do with Brexit and I've not heard in media or forum that CTA is in question or under threat.

There was lots about this in the Irish papers in the build up to the vote in June. Mainly about their fear of a Brexit meaning they lose the protection of the UK for Ireland's low corportaion tax rate and how the EU could stop the Irish being able to move to the UK under the CTA.

If you search for these articles, put ie in the search too.

[patricia1066]

Irish nationals don't need PR to apply for citizenship as they are considered as settled from the day they arrive.

They are only required to demonstrate 5 years residence in the UK to qualify for citizenship and not 5 years of Treaty rights.

What form do you recommend then - directly apply for citizenship with AN? Why doesn't AN booklet or guidance refer to Irish citizens to distinguish us from other EEA nationals who need to show residence via PR?

[patricia1066]

To answer my own question, with ref to Free movement guidance https://www.gov.uk/government/uploads/s ... _0_EXT.pdf a link i obtained from Bernard Ryan's paper on Brexit and implications for Ireland https://www.freemovement.org.uk/brexit- ... ish/#_edn9
Page 23-4 of the Guidance gives the indicators where you are free of immigration time restrictions. I benefit under pre October 2000, as I have been a worker in UK since 1989; and as a group for whom

The 2000 and 2006 regulations do not affect the position of EEA nationals entitled to remain indefinitely on some other basis, for example because they have been granted indefinite leave to remain under the Immigration Rules, are entitled by virtue of diplomatic status to exemption from UK immigration control or because, as Irish nationals, they benefit under the Common Travel Area provisions. Persons in this category should continue to be regarded as free from any restriction under the immigration laws on the period for which they may remain.

[noajthan]

...

Why doesn't AN booklet or guidance refer to Irish citizens to distinguish us from other EEA nationals who need to show residence via PR?

AN is a generic and poorly-designed form used for all sorts of cases and demographics.

[chaoclive]

I'm just wondering if an Irish citizen who entreated the UK in 2014 is still able to benefit from being viewed as settled in the UK on arrival? Are there any differences between someone who entered in 2000 and 2014?

I arrived in the UK from China (not from ROI: I think this might affect the way one is viewed in law but I'm not sure).

Cheers!

To answer my own question, with ref to Free movement guidance https://www.gov.uk/government/uploads/s ... _0_EXT.pdf a link i obtained from Bernard Ryan's paper on Brexit and implications for Ireland https://www.freemovement.org.uk/brexit- ... ish/#_edn9
Page 23-4 of the Guidance gives the indicators where you are free of immigration time restrictions. I benefit under pre October 2000, as I have been a worker in UK since 1989; and as a group for whom

The 2000 and 2006 regulations do not affect the position of EEA nationals entitled to remain indefinitely on some other basis, for example because they have been granted indefinite leave to remain under the Immigration Rules, are entitled by virtue of diplomatic status to exemption from UK immigration control or because, as Irish nationals, they benefit under the Common Travel Area provisions. Persons in this category should continue to be regarded as free from any restriction under the immigration laws on the period for which they may remain.