UK Permanent Residence

[rooro]

Hello everyone,

Some background information:

I am an EEA national, living in the UK since 2006 - I moved here to live with my mum (also an EEA national) who has been working here. In 2006 I undertook/continued my education, graduating from secondary school, and later sixth form. I then applied and got into a university of my choice, however in the midst of pursuing that degree my depression (which I've been diagnosed with for a few years) got substantially worse, and though I fought tooth and nail I had to eventually make the difficult decision to suspend my pursuit of higher education (I believe that was in 2015). Since then I've worked for a period of 9 months, but after I quit I began pursuing a Pitman Training course in the area of my career inspirations and haven't been employed. I've been fortunate enough to be financially supported by family during this time so I didn't have to go on benefits, but - here is my question/concern:

I am wondering whether this break in formal education/full time employment since suspending my HE will cause me difficulty in obtaining a PR card, or whether my previously accumulated 9 years of continuous full time education is sufficient grounds for application.

Thank you in advance for any insight!

[Richard W]

I am an EEA national, living in the UK since 2006 - I moved here to live with my mum (also an EEA national) who has been working here. In 2006 I undertook/continued my education, graduating from secondary school, and later sixth form. I then applied and got into a university of my choice, however in the midst of pursuing that degree my depression (which I've been diagnosed with for a few years) got substantially worse, and though I fought tooth and nail I had to eventually make the difficult decision to suspend my pursuit of higher education (I believe that was in 2015).

More dates would be helpful, but it seems likely that that you achieved permanent residence in 2011.

If your mother had achieved permanent residence by the time you had lived here for 5 years, you will have achieved permanent residence at that time. (This assumes she didn't die or leave the UK before this time.) If your mother has not obtained a Document Certifying Permanent Residence (DCPR), that is merely an inconvenience, not an obstacle. You will have obtained permanent residence by living in the UK for 5 years as a family member of someone who was a 'qualified person' or as a family member of a permanent resident under the EEA Regulations.

[rooro]

Thanks for your reply, Richard!

A little more detail -

I am not sure if my mother has ever applied for the PR document for herself, if that is what you mean by "achieved permanent residence", I'll have to find out. She's been living and working in the UK for over a decade though. So if I understand correctly, I'd be able to obtain the PR document if she has one herself?

Thank you again!

Edit: what additional dates would help to clarify this?

[Claudiu14]

Hi I just want to ask a question I am a EEA national with permanent residency acquired in 2016,my wife is a noneea family member due to apply in 2018 for permanent recidency but she have a gap of 2 weeks betwin jobs she need CSI (COMPREHENSIVE SICKNES INSURANCE).???And my second question is her passport is due to expire in April 2018 she need to renue it but EEA FAMILY MEMBER
expire in oct2017? She need new application EEA FAMILY Member or straight PERMANENT RESIDENCY APLICATION after 5 years ??Thank you

[Richard W]

I am not sure if my mother has ever applied for the PR document for herself, if that is what you mean by "achieved permanent residence", I'll have to find out.

No. Achieving permanent residence happens automatically, prototypically after 5 continuous years of working in the UK. It used to be unusual for an EEA national to apply for a document certifying permanent residence - it was rarely useful, and used never to be necessary.

She's been living and working in the UK for over a decade though. So if I understand correctly, I'd be able to obtain the PR document if she has one herself?

What additional dates would help to clarify this?

(a) When you reached the age of 21;
(b) When your mother was working in the UK;
(c) When your mother was residing in the UK;
(d) When you resided in the UK.

For example, if you and your mother arrived in the UK in June 2006 and your mother has been working continuously (and 'genuinely and effectively') since November 2006 and you reached the age of 21 in May 2012 (though I think you're younger than that), then in November 2011 she would have been a 'qualified person' for 5 years (by being a 'worker') and you would have been resident in the UK as the 'family member of a qualified person' for 5 years (as her son and being under the age of 21), and so you would both have achieved permanent residence in November 2011.

In practice, you choose the 5 continuous years before your 21st birthday for which you can most easily prove that your mother was working.

Now, you don't mention your father. If he were an EEA national and was residing and working in the UK throughout 2006, you would have acquired permanent residence in June 2011. (So too would your mother if she were married to your father before you and your mother arrived in the UK.)

[Richard W]

@claudiu14: Clearly the moderators are too busy to have found time to scold you for posting the same question in two unrelated threads - post in thread 'Proof of CSI' is the other.

@moderator: Please move this post to the same thread as Claudiu14's questions.

Hi I just want to ask a question I am a EEA national with permanent residency acquired in 2016,my wife is a noneea family member due to apply in 2018 for permanent recidency but she have a gap of 2 weeks betwin jobs she need CSI (COMPREHENSIVE SICKNES INSURANCE).???And my second question is her passport is due to expire in April 2018 she need to renue it but EEA FAMILY MEMBER
expire in oct2017? She need new application EEA FAMILY Member or straight PERMANENT RESIDENCY APLICATION after 5 years ??Thank you

Your wife would normally acquire permanent residency on the basis of your achieving permanent residence, your retaining it, and her residing in the UK for 5 years as your wife. Whether she works is irrelevant.

The dates you gave make no sense, unless you two have had a complicated life history. How did you acquire permanent residency? Was part of the time as a family member? Will your wife qualify for permanent residence in part as the family member of someone else? (A possible example would be as the step-daughter of an EEA national.)

If your wife has a residence card that will expire in October 2017 she should renew it now so that she will have a positive certificate of application (CoA) to present to her employer when her residence card expires. The next priority is to renew her passport for use in either an application for a permanent residence card in 2018 or for an application for settled status if that will replace permanent residence.