Permanent Residency requirements for EU citizens

[varkong]

Hi all,

My questions are regarding the 12 month waiting period required after permanent residency is acquired.

My circumstances are as follows:
I'm an EU citizen (Hungarian) and moved to the UK in 2006
Student from 2006 Sept-2011 June with CSI (CSN Gouda Sweden)
Jobseeker from 2011 Sept - 2012 June
Employed, graduate engineer from 2012 June - 2013 August
Doctorate Student from 2013 onwards

According to the guidelines published on the UK government website permanent residence is automatically fulfilled for EU citizens after exercising treaty rights for five years, so for my case this would be 2011. The requirements have changed from the 12th of November 2015, and while permanent residence is still automatic, a permanent residence card is now a mandatory requirement.

Would the 12 month waiting period be counted from the date permanent resident status was acquired (2011) or the date from when the card is issued (eg. 2016)? In other words could I apply for British citizenship and naturalization straight away once permanent residence is certified officially, or would I have to wait till 2017?

After calling Home Office, an adviser said that they're instructed to say that it's the later, so 12 month from the date of issue of the card, however the documents on gov.uk seem to say otherwise (page 22 last paragraph): https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

Along with the following document ( example on page 10): https://www.gov.uk/government/uploads/s ... r_2015.pdf

Additionally a recent response on the 6th of January 2016 from Home Office worker Jane Whitehead regarding a similar case also seems to indicate the former (12 month counted from date permanent residence is acquired, not the date of issue of the permanent residency card) as can be read at this link (3rd paragraph): https://www.whatdotheyknow.com/request/ ... .docx.html

Original question from other applicant: https://www.whatdotheyknow.com/request/ ... ing-751616

Based on the information at the links above, given that I supply the relevant documents I should be able to apply for naturalization straight away after permanent residency is confirmed if I understand correctly?

If I get my permanent residence card, can I also get a copy of the date recorded on UKVI's system for when it was deemed that I acquired permanent residence as well. Obviously this would be useful to know before and when submitting the British Citizenship and naturalization application, and would ensure that the application is considered appropriately and not erroneously dismissed for not fulfilling the 12 month wait period.

Once permanent residence is confirmed, and applying for naturalization, does it matter that I haven't had foreign CSI for the past three years as doctorate student with scholarship from 2013 onwards (but have been living here continuously since 2006)?

Additionally how much do gaps in the qualifying period count? Graduated in June 2011 but only officially got on Jobseekers Allowance from 26th of September 2011. Also finished my job on the 27th of August 2013 but started my doctorate on the 24th of September 2013.

Many thanks in advance for the information provided.

All the best,

[noajthan]

Hi all,

My questions are regarding the 12 month waiting period required after permanent residency is acquired.

My circumstances are as follows:
...

According to the guidelines published on the UK government website permanent residence is automatically fulfilled for EU citizens after exercising treaty rights for five years, so for my case this would be 2011. The requirements have changed from the 12th of November 2015, and while permanent residence is still automatic, a permanent residence card is now a mandatory requirement.

...

Based on the information at the links above, given that I supply the relevant documents I should be able to apply for naturalization straight away after permanent residency is confirmed if I understand correctly?

If I get my permanent residence card, can I also get a copy of the date recorded on UKVI's system for when it was deemed that I acquired permanent residence as well. Obviously this would be useful to know before and when submitting the British Citizenship and naturalization application, and would ensure that the application is considered appropriately and not erroneously dismissed for not fulfilling the 12 month wait period.

Once permanent residence is confirmed, and applying for naturalization, does it matter that I haven't had foreign CSI for the past three years as doctorate student with scholarship from 2013 onwards (but have been living here continuously since 2006)?

Additionally how much do gaps in the qualifying period count? Graduated in June 2011 but only officially got on Jobseekers Allowance from 26th of September 2011. Also finished my job on the 27th of August 2013 but started my doctorate on the 24th of September 2013.

Many thanks in advance for the information provided.

All the best,

Admirable research & you wil be pleased to know you are on the right track.

There is no need to hold a PR card for 12 months if you have acquired & held PR for 12 months (or more) before shooting for privilege of citizenship.

See answer to some of your questions here:
http://www.immigrationboards.com/britis ... l#p1289482

It appears HO does record the date an EEA national acquires PR (in their 'CID' computer databank).

Once you have acquired PR there is no further need to exercise treaty rights in UK;
so your lack of CSI as a doctoral student is immaterial.

As to gaps whilst your PR clock was running - you need to be careful there.
HO guidance (DMG) seeems to indicate gaps of 30 days would be tolerated.

However, longer gaps would (strictly speaking) need to be covered by one or other category of qualified person, with adequate documentary supporting evidence.

Good luck.

[varkong]

Thank you for the fast response!

Is CSI a requirement for job seekers as well or only students?

How strict is the 30 day rule? A bit worried about this since my degree started in September 2006 and was awarded on the 30th of June 2011. Also on my transcript of studies it says that the programme is generally five years in length. I only officially claimed job seekers allowance from the 26th of September 2011 so this is 1 month and 26 days over the 30 days stipulated in the guidelines. Technically I was looking for jobs during this period as well although I have no paper of this and was also out of the country for three weeks.

All the best,

[noajthan]

Thank you for the fast response!

Is CSI a requirement for job seekers as well or only students?

How strict is the 30 day rule? A bit worried about this since my degree started in September 2006 and was awarded on the 30th of June 2011. Also on my transcript of studies it says that the programme is generally five years in length. I only officially claimed job seekers allowance from the 26th of September 2011 so this is 1 month and 26 days over the 30 days stipulated in the guidelines. Technically I was looking for jobs during this period as well although I have no paper of this and was also out of the country for three weeks.

All the best,

No CSI required for jobseekers.

Only HO can say how strictly they enforce their rules about any 'gaps'.
Best approach is to submit the most unimpeachable supporting documentary evidence that you can.

Absences from UK are permitted (within limits) & (generally) do not break continuity of residence.

Suggest print off a few forms & draft your application - see how it shapes up & all hangs together.

[noajthan]

FYI example of DMG that a caseworker may bring into play:
https://www.gov.uk/government/uploads/s ... -16-15.pdf

Note this is not necessarily in line with EU law.

[varkong]

As you said the guide seems to indicate 30 days, which I'm over by nearly two months with my gap, transitioning from one type of qualified person (student) to another, (jobseeker). For the gap (June 30th 2011 - September 26th 2011) could I claim self-sufficiency, my CSI should have been valid until mid September, slightly before I went on Job Seeker's Allowance, and I had some funds (couple of hundred to a thousand pounds in my account that time, was never 0)?

Additionally always had the option to request family members to transfer funds who are EU citizens but not residing in the UK if needed, if that counts?

Not sure what is meant by: "The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as ‘sufficient resources’. The personal situation of each applicant must be taken into account." What is deemed as someone becoming a burden to society?

Thanks again.

All the best,

[ohara]

If you have to claim public funds.