PR for retired person

[jzanetti]

Hi,

I have a question please regarding permanent residence, my situation is the following:

I am an Italian National, and came to the UK looking for work. After one and a half years looking for work (relying on personal resources) I found a job and worked for 2 years. Then I retired.

I seem to understand that in case of retirement you do acquire permanent residence before the end of the 5 year period, if you can prove that you worked for at least 1 year and lived in the Uk for 3. I have read all the guidance, but I can't find an answer to this, please:

- do you think that I should insert the first period in application form as self-sufficient, hence having to prove I had CSI? Or what I did before the working period does not matter in this case? - the only important things being a proof of at least 12 month work and a proof of of 3 year residence, no matter what I was doing? I am asking this because I didn't have private health, so I would prefer not to have to specify what I was doing at the beginning (although I had my Italian EHIC card).

- in case, do you just send a scan of the italian card or do you need a particular document from the Italian authority?

(- there is also the option of saying I was a jobseeker in the first period, and enclose emails of my search, but can a year and a half be justified as such?)

Many thanks for your help

[NikiGio]

I seem to understand that in case of retirement you do acquire permanent residence before the end of the 5 year period, if you can prove that you worked for at least 1 year and lived in the Uk for 3.

Where did you read this?

As far as I know, if you can show evidence of being a worker or self-employed person for 3 years before retiring, you qualify for PR. This means that you can apply for PR if you've worked for less than 5 years, but you still need to have lived here for 5 years. I don't know of any exception to the rule of needing to have lived here 5 years before applying for PR.

(- there is also the option of saying I was a jobseeker in the first period, and enclose emails of my search, but can a year and a half be justified as such?)

I think normally you can count job-seeking periods for a maximum of 6 months - which would take you to 2.5 years. So I'm not sure you qualify for the 3-year working exemption.

- do you think that I should insert the first period in application form as self-sufficient, hence having to prove I had CSI? Or what I did before the working period does not matter in this case? - the only important things being a proof of at least 12 month work and a proof of of 3 year residence, no matter what I was doing? I am asking this because I didn't have private health, so I would prefer not to have to specify what I was doing at the beginning (although I had my Italian EHIC card).

EHIC is the equivalent of CSI - so you could use the first 1.5 years as self-sufficient, provided you were covered by the EHIC card during that period. When was your EHIC card issued? Could you get a letter from the Italian authorities to state from when you've had it? Remember that any documents not in English must be translated by a certified translator.

- in case, do you just send a scan of the italian card or do you need a particular document from the Italian authority?

I think you need to send the original - HO don't normally accept copies of documents, unless they're certified copies (or passport copies taken by the NCS).

Another option for you is to wait until Settled Status comes in in March - then you will just need to prove residency, so it should be a much simpler application.

[obormot]

Here:
http://www.eearegulations.co.uk/Regs201 ... ulation_05
And here:
https://www.gov.uk/uk-residence-eu-citi ... ence-early
They say that if you lived in UK for 3 years, worked for 12 months, retired and reached retiremend age, then you can apply for PR as “Worker or self-employed person who has ceased activity”
I would just apply sending documents they ask in the guidance, like here, page 9:
https://assets.publishing.service.gov.u ... tes-v3.pdf
You need to send the original of passport or national ID - or certify passport copy via special service.
It says “resided for 3 years”, not “exercised treaty rights fir 3 years”, but probably you do need to show 3 years of exersisimg treaty rights oe being retired (so if you worked for 2 years, thrn retired and lived in UK 1 year as retired person, it is definitely enough). In any case without health insurance self-sufficiency would not work. Probably you can show that you were job-seaker? Or just show physical residence for 3 years + work for 1 year just before retiring, as they seem to ask.

[NikiGio]

They say that if you lived in UK for 3 years, worked for 12 months, retired and reached retiremend age, then you can apply for PR as “Worker or self-employed person who has ceased activity”

You're right Obormot - looks like jzanetti is good to apply for PR based on 3 years' residency, inclusive of the 2 years she worked prior to retiring.

So the fact that she was job-seeking/self-sufficient with no CSI for 1.5 years before that could be mentioned in a covering letter - but is irrelevant to the PR application as her qualifying period would be the 3 years.

[jzanetti]

Thank you so much obormot and NikiGio for your help!
Just a quick reply:

it seems that I have to show that I have been resident for three years BEFORE retirement, so the period would be the two years of work plus the year before that? It would be easier to use one year after retirement to reach the three years but I read:

“(c) resided in the United Kingdom continuously for more than three years prior to the termination.“
http://www.eearegulations.co.uk/Regs201 ... lation_05

I don’t think I can use the year after retirement? So I would use the year before my two year employment mentioning I was looking for work and no need to include CSI it seems.

Many thanks!

[obormot]

Yes, it looks like it has to be prior to retirement.
But it asks for 3 years of residence (not “exercising treaty rights”) and 12 months of “pursued activity as a worker or self-employed person”.
So it seems to me you should be OK.