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Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 6:41 pm
by butterly123
Hi i am 19 years old and studying in Scotland. I came to the UK in August 2006. I am looking to apply for a permanent residence card, however i never in the time i have been here, had a comprehensive sickness insurance. is there any way to bypass this on the basis of being here...? thanks

Re: Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 6:53 pm
by noajthan
butterly123 wrote:Hi i am 19 years old and studying in Scotland. I came to the UK in August 2006. I am looking to apply for a permanent residence card, however i never in the time i have been here, had a comprehensive sickness insurance. is there any way to bypass this on the basis of being here...? thanks
Don't be too hard on yourself.
This requirement catches many people out.

You will need to show a foreign-issued EHIC.
Or a RC issued to you as a student in or before 2011.

Or else it's a longshot but do you have any health cover from home country that may extend to cover you even in UK (eg a parent's health insurance)?
OR is there any sort of reciprocal Polish::British arrangement?

2006 is a long time ago & you can't have been a student for 10 years (- can you?).

What is the outline timeline of your other activities in Bonnie Scotland, since 2006?
How else have you been a qualified person exercising treaty rights in UK?

Any prolonged absences from UK during this time?

If you were at school (which seems likely) did you have a family sponsor (an EEA national) who was in UK (not necessarily living with you) who was a qualified person & exercising treaty rights?
- hopefully for 5 years or more.

:arrow: If so you may well have acquired PR already.

Re: Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 7:03 pm
by butterly123
noajthan wrote:
butterly123 wrote:Hi i am 19 years old and studying in Scotland. I came to the UK in August 2006. I am looking to apply for a permanent residence card, however i never in the time i have been here, had a comprehensive sickness insurance. is there any way to bypass this on the basis of being here...? thanks
Don't be too hard on yourself.
This requirement catches many people out.

You will need to show a foreign-issued EHIC.
Or a RC issued to you as a student in or before 2011.

Or else it's a longshot but do you have any health cover from home country that may extend to cover you even in UK (eg a parent's health insurance)?
OR is there any sort of reciprocal Polish::British arrangement?

2006 is a long time ago & you can't have been a student for 10 years (- can you?).

What is the outline timeline of your other activities in Bonnie Scotland, since 2006?
How else have you been a qualified person exercising treaty rights in UK?

Any prolonged absences from UK during this time?

If you were at school (which seems likely) did you have a family sponsor (an EEA national) who was in UK (not necessarily living with you) who was a qualified person & exercising treaty rights?
- hopefully for 5 years or more.

:arrow: If so you may well have acquired PR already.
I was 10 when I entered the country. So, yeah primary school, high school and university can all be termed 'studying'. I could have had a National Insurance Card but I think it was issued by the UK. I dont remember which country it was. If it was from the UK it wouldnt have been valid anyway, from what i understand? however, if it was from poland and i got it when i was 10 or around that age, how long would it have lasted? you really dont think about these things when youre ten ;(. I had only left the UK for holidays in Poland which I had around 6 but less 8 times. Each holiday lasted around 5 days, with one being two weeks, I think. I couldnt have been away from the UK for longer than 3 months in total since 2006. Would that mean i could have acquired permanent residence anyway? i dont fully understand the sponsor part. my parents who are polish, were working from 2006. my father who got ill in 2011 hasnt been working since then but my mother is continuously working, however they have not applied for a permanent residence or a citizenship because they simply didnt need them. i am looking into the acquired permanent residence and i see that to prove that you can get it they require you to provide proof such as a valid registration certificate issued when you arrived and/or other supporting documents such as "work contracts, tax returns, rental contracts or utility bills". I obviously dont have those, because i was a child. would a confirmation of enrollment into primary school and high school do? thanks

Re: Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 7:29 pm
by noajthan
butterly123 wrote:...

I was 10 when I entered the country. So, yeah primary school, high school and university can all be termed 'studying'. I could have had a National Insurance Card but I think it was issued by the UK. I dont remember which country it was. If it was from the UK it wouldnt have been valid anyway, from what i understand? however, if it was from poland and i got it when i was 10 or around that age, how long would it have lasted? you really dont think about these things when youre ten ;(. I had only left the UK for holidays in Poland which I had around 6 but less 8 times. Each holiday lasted around 5 days, with one being two weeks, I think. I couldnt have been away from the UK for longer than 3 months in total since 2006. Would that mean i could have acquired permanent residence anyway? i dont fully understand the sponsor part. my parents who are polish, were working from 2006. my father who got ill in 2011 hasnt been working since then but my mother is continuously working, however they have not applied for a permanent residence or a citizenship because they simply didnt need them. i am looking into the acquired permanent residence and i see that to prove that you can get it they require you to provide proof such as a valid registration certificate issued when you arrived and/or other supporting documents such as "work contracts, tax returns, rental contracts or utility bills". I obviously dont have those, because i was a child. would a confirmation of enrollment into primary school and high school do? thanks
It's unlikely you can qualify as a qualified person in your own right as you don't have CSI or RC or EHIC.
And you are too young.

NI number does not help in this context.

Well understood that you had other priorities as a 10-year old & that is fair enough.

Not to worry.
It is quite likely you have acquired PR already as the dependent family member of one of your parents.
Even at age 19 you are still their dependent under EU law.

Suggest get the application form, read the guidance.
Start collecting evidence on basis one parent is your sponsor.

Choose parent with the most consistent & uninterrupted work history (& the best quality evidence).
So father from 2006 - 2011 (if he was registered for WRS).
Otherwise, mother for any 5-year continuous period with good evidence, since 2006.

2009 - 2014 or 2010 - 2015 would be good.

Note Once you have a PR card you would normally have to hold it a year before shooting for privilege of citizenship.
But if you had acquired PR by, say 2014, and now get a PR card you wouldn't have to hold the PR card 12 more months as you already had PR by 2014.
- if you see what I mean.

Have a few dry runs at filling out the form.
Be aware it is a monster form - just print off the sections you need.
See how it all shapes up.

:idea: When you apply make sure to keep copies & scans of all evidence & forms that you submit - for your own reference, in case of any issues or queries from HO.

I'm sure you will have more questions as you do all this.
Most/all members here will be happy to help.

Re: Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 7:32 pm
by noajthan

Re: Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 8:05 pm
by butterly123
noajthan wrote:
butterly123 wrote:...

I was 10 when I entered the country. So, yeah primary school, high school and university can all be termed 'studying'. I could have had a National Insurance Card but I think it was issued by the UK. I dont remember which country it was. If it was from the UK it wouldnt have been valid anyway, from what i understand? however, if it was from poland and i got it when i was 10 or around that age, how long would it have lasted? you really dont think about these things when youre ten ;(. I had only left the UK for holidays in Poland which I had around 6 but less 8 times. Each holiday lasted around 5 days, with one being two weeks, I think. I couldnt have been away from the UK for longer than 3 months in total since 2006. Would that mean i could have acquired permanent residence anyway? i dont fully understand the sponsor part. my parents who are polish, were working from 2006. my father who got ill in 2011 hasnt been working since then but my mother is continuously working, however they have not applied for a permanent residence or a citizenship because they simply didnt need them. i am looking into the acquired permanent residence and i see that to prove that you can get it they require you to provide proof such as a valid registration certificate issued when you arrived and/or other supporting documents such as "work contracts, tax returns, rental contracts or utility bills". I obviously dont have those, because i was a child. would a confirmation of enrollment into primary school and high school do? thanks
It's unlikely you can qualify as a qualified person in your own right as you don't have CSI or RC or EHIC.
And you are too young.

NI number does not help in this context.

Well understood that you had other priorities as a 10-year old & that is fair enough.

Not to worry.
It is quite likely you have acquired PR already as the dependent family member of one of your parents.
Even at age 19 you are still their dependent under EU law.

Suggest get the application form, read the guidance.
Start collecting evidence on basis one parent is your sponsor.

Choose parent with the most consistent & uninterrupted work history (& the best quality evidence).
So father from 2006 - 2011 (if he was registered for WRS).
Otherwise, mother for any 5-year continuous period with good evidence, since 2006.

2009 - 2014 or 2010 - 2015 would be good.

Note Once you have a PR card you would normally have to hold it a year before shooting for privilege of citizenship.
But if you had acquired PR by, say 2014, and now get a PR card you wouldn't have to hold the PR card 12 more months as you already had PR by 2014.
- if you see what I mean.

Have a few dry runs at filling out the form.
Be aware it is a monster form - just print off the sections you need.
See how it all shapes up.

:idea: When you apply make sure to keep copies & scans of all evidence & forms that you submit - for your own reference, in case of any issues or queries from HO.

I'm sure you will have more questions as you do all this.
Most/all members here will be happy to help.
so what youre saying is that if i apply for the period of 2006-2011 when my father was working, then if i am successful i can apply for citizenship right away? i am skimming through the form, and i came across this question
"•Section 8 if you’re applying because you’ve retained your right of residence
• Section 11 if you’re applying as the family member of an EEA national qualified person."
which would would i fill? thanks

Re: Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 8:08 pm
by CR001
Yes, I believe that if you can prove your parents were qualified person exercising treaty rights, then you should be ok.

Re: Permanent Residence Card for Polish Student

Posted: Wed Feb 17, 2016 9:51 pm
by noajthan
butterly123 wrote:so what youre saying is that if i apply for the period of 2006-2011 when my father was working, then if i am successful i can apply for citizenship right away? i am skimming through the form, and i came across this question
"•Section 8 if you’re applying because you’ve retained your right of residence
• Section 11 if you’re applying as the family member of an EEA national qualified person."
which would would i fill? thanks
Yes, you've got the point.
Or use mother's timeline in any good 5-year period.

Section 8 (retained residence) is not for you.

If you are the lone, main applicant put parent as sponsor (section 2).

If parent wants confirmation of their PR too they can apply as main applicant, optionally putting their spouse plus you as family dependents.