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Question regarding being qualified for being able to get residency

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

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Flabbud
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Posts: 2
Joined: Sat Apr 07, 2018 5:00 pm
Italy

Question regarding being qualified for being able to get residency

Post by Flabbud » Sat Apr 07, 2018 5:11 pm

Hello,

I've been living in London since 2011, however when I first came I didn't have an european citizenship. I became an european citizen in November 2015, so I've been living as european in the UK for 2 years. I would like to know if I can still aply for the residency or if I need to wait three more years.

Many thanks.

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

Re: Question regarding being qualified for being able to get residency

Post by secret.simon » Sat Apr 07, 2018 5:15 pm

You can only exercise treaty rights once you became an EEA citizen.

You would only acquire PR after five continuous years of exercising treaty rights as an EEA citizen.

Therefore you need to wait for three more years (provided you continue exercising treaty rights).
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.

Flabbud
Newly Registered
Posts: 2
Joined: Sat Apr 07, 2018 5:00 pm
Italy

Re: Question regarding being qualified for being able to get residency

Post by Flabbud » Sat Apr 07, 2018 5:55 pm

Can I still apply by using documentation from my not European country of origin?

Had a student visa for the first 4 years but after achieving Italian citizenship 2 years ago I did not apply anymore because I did not need a visa in the last 2 years to live in the U.K.

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

Re: Question regarding being qualified for being able to get residency

Post by secret.simon » Sat Apr 07, 2018 9:45 pm

Flabbud wrote:
Sat Apr 07, 2018 5:55 pm
Can I still apply by using documentation from my not European country of origin?
You can not use the four years of residence in the UK as a non-EEA citizen towards PR under the EEA Regulations.

Only your time in the UK after you got your EEA Citizenship counts for the purpose of getting PR and even that only counts if you continue to exercise treaty rights.

If you have been an EEA Citizen student, you will have required either CSI (private health insurance) or a non-UK EHIC card for the period, otherwise even the period that you have been an EEA citizen in the UK will not count.
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.

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

Re: Question regarding being qualified for being able to get residency

Post by Obie » Sat Apr 07, 2018 10:29 pm

I really cannot see any basis why the OP cannot rely on the previous period toward PR. The Regulations give no indication that any such restrictions exist. Provided of course the person has been residing in the UK in accordance with the EEA regulation for a period of 5 year.
Smooth seas do not make skilful sailors

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