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EEA (QP) registration certificate

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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paweljaneczek
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Posts: 1
Joined: Sat Feb 18, 2017 6:59 am

EEA (QP) registration certificate

Post by paweljaneczek » Sat Feb 18, 2017 7:05 am

Hello all!

I was refused a permanent residency card last year on premises of missing supporting documents. The main issue: lack of comprehensive sickness insurance. I did not appeal as I did not see the point.

Instead, I have applied for a registration certificate as a employed person to have any documents giving me any status on the paper. Does anybody know what does this certificate state and how long is it valid?

P.S. Silly questions, but having a civil partnership last November with a British citizens changes anything to my immigration status? I am Polish national, nearly 11 years in the UK (but God knows what status I have after refusal: illegal:)?

Regards,
P.Janeczek

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA (QP) registration certificate

Post by Obie » Sat Feb 18, 2017 3:09 pm

Registration Certificate has no expiry, it only confirms you were a qualified person on the day of issue.

Having a British husband makes no different, unless you had resided with the British Husband in another memberstate where he was exercising treaty rights.
Smooth seas do not make skilful sailors

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA (QP) registration certificate

Post by secret.simon » Sat Feb 18, 2017 4:31 pm

paweljaneczek wrote:God knows what status I have after refusal: illegal
Without claiming any recourse to divine knowledge, I can advise you that EU citizens in the UK can not be illegally present within the UK.

The EU Treaties (and the EEA Agreement) allow you to be present anywhere in the EEA at any time. But residence (including permanent residence) is specifically granted by meeting the conditions of Directive 2004/38/EC.

So, EEA citizens not exercising treaty rights (and not holding PR) are lawfully present, but not legally resident.

As Obie has already advised, Residence Cards only confirm that you meet the requirements on the date of issue. Were your circumstances to change, the Residence Card of itself does not confer any status. Your status under EU law is entirely dependent on your meeting the requirements of the Directive, not on any documentation.

That may of course change after Brexit. So, keep all the paperwork that you can.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Amofe
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Posts: 10
Joined: Fri Mar 03, 2017 7:32 pm

Re: EEA (QP) registration certificate

Post by Amofe » Fri Mar 03, 2017 9:45 pm

secret.simon wrote:
paweljaneczek wrote:God knows what status I have after refusal: illegal
Without claiming any recourse to divine knowledge, I can advise you that EU citizens in the UK can not be illegally present within the UK.

The EU Treaties (and the EEA Agreement) allow you to be present anywhere in the EEA at any time. But residence (including permanent residence) is specifically granted by meeting the conditions of Directive 2004/38/EC.

So, EEA citizens not exercising treaty rights (and not holding PR) are lawfully present, but not legally resident.

As Obie has already advised, Residence Cards only confirm that you meet the requirements on the date of issue. Were your circumstances to change, the Residence Card of itself does not confer any status. Your status under EU law is entirely dependent on your meeting the requirements of the Directive, not on any documentation.

That may of course change after Brexit. So, keep all the paperwork that you can.
Do you think there is any point getting a registration certificate ASAP or just wait for official statement on the status of EU citizens in UK? I don't know what's best to do right now anymore. Many thanks.

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