Chance to get EEA PR

[Julie-A]

Hi forum folks,

I never really worried about my status before but with the referendum coming up, I'd like to sort things out just in case.

I am a German national and moved to the uk in 09/2003.

I spent 4 years studying full time and obtained a B.Sc in Computer Science. My family funded me at the time. I did not gave private health insurance - I was told at the time I'd be covered under the NHS. I never needed any medical help though, in case that matters.

After uni I moved in with my partner in May 2008 - a few days after graduation. The house was his - so I am not on any contracts, but I am on the electoral roll.

I started work in 09/2008 and stayed for a year. There is no p60 from that time, but I do have some bank statements.

I was made redundant and then struggled for a few months, before finding a new job. I stayed there for 2 years, before again redundancy hit me. I have an employers letter and bank statements from that time.

I struggled for over a year to get some work and eventually got a job again in Jan 2012 which I kept to August 2013. I then separated from my partner.

Du to a family emergency I returned to Germany from August 2013 til January 2015.

I resumed work in the uk in Feb 2015 and continue to work in the same role.

I have a new partner I could theoretically marry at this point - though I suspect that wouldn't change anything.

No matter which way u look at it - I can't see myself meeting the criteria if applied strictly.

Do you think I have a chance at succeeding or is it better to wait longer and try in a few years?

[Julie-A]

Just to add to this.. I am unclear if my student years 2003 to 2007 might be ok without CSI since the requirement was added i believe in 2006 near the end of my degree.

I know there is a 2011 rule... But it only seems to apply to people who applied before some date in 2011 - which obviously I didn't.

[noajthan]

Just to add to this.. I am unclear if my student years 2003 to 2007 might be ok without CSI since the requirement was added i believe in 2006 near the end of my degree.

I know there is a 2011 rule... But it only seems to apply to people who applied before some date in 2011 - which obviously I didn't.

You have some challenges.
The guidance is applied strictly so you will need unimpeachable documentary supporting evidence to back your case.
Marriage won't change anything much (at least not in immigration terms).

If you did not acquire PR before your prolonged absence then that long absence (over a year) will have broken your continuity of residence in UK.
If that is the case then your PR clock can only have started in 2015 and will have to run until at least 2020 before PR could be acquired.
(Assuming no Brexit or all bets are off).

So the question is did you exercise treaty rights continuously as a qualified person for any 5-year period from 2003 - 2013.

Luckily for you, your prolonged absence will not have killed off PR (if you have acquired PR).
This is because it takes a 2-year absence to nullify PR; (from your outline you returned to Blighty within 2 years).

Lets look at your carefree student years...

Regarding CSI, you are correct, there is a transitional arrangement you could invoke.
To do this you need a RC issued to you as a student in or before 2011.
Do you have such a RC
if so, no need to show CSI.

Alternately did you have a German-issued EHIC at that time
That would count instead of full-blown CSI.

And its a longshot but some German members have previously reported success in finding out that some sort of domestic German healthcare policy their parent had (in Germany) actually covered the German student who was in UK.
How cool is that!
You could dig into that possibility and try to obtain some letter or other evidence from the relevant authorities of having such cover.

After that, from 2008 onwards, your record becomes a bit patchy.
I suspect you may struggle with adequate evidence of exercising treaty rights continuously, as a jobseeker & etc.

Alternately, if you categorise yourself as self-sufficient you would need to show source of any funds plus CSI (yes, that old chestnut).

Good luck.

[Julie-A]

Thank you so much for the thorough and comprehensive analysis. Seems you are confirming what I was afraid of.

I don't have a RC from back in those days - I was naive in thinking I would not need it.

As for insurance - my mother actually had a policy I was part of - I remember as much - but it doesn't cover me abroad.

I never claimed any benefits and I have a lot of funds in my accounts as well as properties I own abroad - but CSI is something I sadly can't fix in retrospect. It's such a shame. I never used the NHS or got any benefits.

Got my answer though. I have a strategy meeting this morning if I would like to move my team within the company to Ireland - guess I do.

[noajthan]

Thank you so much for the thorough and comprehensive analysis. Seems you are confirming what I was afraid of.

I don't have a RC from back in those days - I was naive in thinking I would not need it.

As for insurance - my mother actually had a policy I was part of - I remember as much - but it doesn't cover me abroad.

...

Got my answer though. I have a strategy meeting this morning if I would like to move my team within the company to Ireland - guess I do.

Don't be too hard on yourself - you aren't the first to be caught out by CSI & won't be the last.

A final thought, although I guess unlikely.
Did you have a parent in UK & exercising treaty rights at the same time as you were in UK? (no need to have been cohabiting).
If so you may have acquired PR through them as your sponsor.