ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Query on EU Student in UK since 2009

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

Locked
Pro-EU-89
Newly Registered
Posts: 2
Joined: Mon May 08, 2017 5:12 pm

Query on EU Student in UK since 2009

Post by Pro-EU-89 » Mon May 08, 2017 5:42 pm

Hello,

I am writing on behalf of my girlfriend, who is from Cyprus.

We were wondering if she has broken the 5 year continuous period for an ILR application; and if so, what would be the best way to go about obtaining citizenship; if at all possible?

[*] Arrived in UK Sept-2009
[*] Sept-2009 to July-2010 = UK A-level Student
[*] Sept-2010 to July-2013 = UK Uni Student
[*] Sept-2013 to Sept 2014 = UK Masters Student
[*] Oct-2014 to Jun-2015 = UK PHD student
[*] Jun-2015 to Mar-2016 = Notable absence. Returned to Cyprus to care for Grandma, after UK PHD department closed.
[*] Mar-2016 to Apr-2017 = UK PHD Student (different Uni)
[*] May-2017 to Date = Left PHD and currently job hunting living in the UK.

Absences
[*] Jun-2015 to Mar-2016 = Returned to Cyprus to care for Grandma.
[*] Between educational years (Jul to Sept), she often returned to Cyprus for a holiday to see family.
[*] Mar-2014 and Oct-2014 = Minor (2 x 5 day holidays to Greece and Cyprus).

Our query is if she will likely be able to obtain some sort of ILR or citizenship, as I think she has had a continuous 5 year period in the UK, but had a break of 9-10 months. Will this break prevent her from obtaining any UK rights?

It is a bit of a minefield navigating all of this, and we really don't fully appreciate the rules around returning to other EEA countries to care for family members and the like?

Please would the kind members of this board help us work out what to do next?
- Can/ should she apply for ILR?
- If she has broken the 5 year continuous period, is it even worth applying when we might as well wait for the end of Brexit negotiations (and hope), rather than receive a rejection 'You must leave' letter?

Any help on the situation would be greatly appreciated.

Many thanks...

User avatar
alterhase58
Moderator
Posts: 8279
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Query on EU Student in UK since 2009

Post by alterhase58 » Mon May 08, 2017 6:01 pm

PR (for EU citizens) is required for citizenship - ILR is for non-EU.
Did girlfriend hold CSI (Comprehensive Sickness Insurance) or a valid EHIC card from home country, during the periods of study? This currently is a requirement to have student years counted towards PR. NHS does not count.
Absences should be ok - I believe up to a year (for specific reasons) is permitted - await confirmation from other mebers.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Pro-EU-89
Newly Registered
Posts: 2
Joined: Mon May 08, 2017 5:12 pm

Re: Query on EU Student in UK since 2009

Post by Pro-EU-89 » Mon May 08, 2017 6:11 pm

alterhase58 wrote:PR (for EU citizens) is required for citizenship - ILR is for non-EU.
Did girlfriend hold CSI (Comprehensive Sickness Insurance) or a valid EHIC card from home country, during the periods of study? This currently is a requirement to have student years counted towards PR. NHS does not count.
Absences should be ok - I believe up to a year (for specific reasons) is permitted - await confirmation from other mebers.
Hello Alterhase58,

Thank you for clarifying, yes PR (permanent residency) is correct. Thank you very much for your reply. We really appreciate it. As you can imagine, it's quite important for us to get this sorted if we can.

She did have a EHIC card for the majority of her study period. However, it expired at some point during 2015.

She has obtained a new one in Apr-2017, so there is a gap, however I think I read online that people have successfully appealed the EHIC rule as a reason for PR rejection, and considering that person didn't have it at all and my girlfriend has had it for 5-6 years of her study period, I am hopeful this will be a minor issue that will be overlooked?

Thank you again. I will await further replies from other helpful people such as yourself!

Many thanks!

Locked