Application for PR retrospectively?

[Kaba]

Hi guys,

I have a question about a case of an EEA national: If somebody was a student in the UK from September 2006 until September 2011 without comprehensive health insurance and then was constantly employed until now, would he be able to apply for PR? I know that comprehensive health insurance is a requirement when studying, but wasn't this requirement introduced in late 2011? I know that this person can wait until September 2016 to apply after 5 year continuously, but I just wondering if the application could be made now.

Thanks in advance.

[noajthan]

Health insurance has always been required for students on EU migration trajectory; what changed in 2011 was it started being enforced.

So CSI/foreign EHIC/student RC are possible solutions.
Otherwise such a case would fail as PR clock would have been stopped.

To answer the main point of your question: yes, an application for confirmation of PR (that has been acquired automatically in the past) can be made after the event (or 'backdated' if you will).

[ohara]

Surely all applications are technically retrospective? As PR itself it not applied for, it is automatically acquired, any application for confirmation of PR can only be made once PR has been acquired?

[noajthan]

Surely all applications are technically retrospective? As PR itself it not applied for, it is automatically acquired, any application for confirmation of PR can only be made once PR has been acquired?

Indeed. You've nailed it.

But some members seem to be under the impression that what they apply for is 'PR' (although it is actually a confirmatory document that is being applied for); so they tend to think in terms of 'backdating' if an application is being made well after a qualifying period.

[ohara]

Just as an aside, the application process doesn't make a great deal of sense to me. It doesn't help that UKVI assumes everyone applying for confirmation of PR is doing so as soon as they are eligible for it (which obviously isn't the case for some, like myself).

It seems somewhat backwards 'choosing' your qualifying period, because you aren't really choosing when you acquired PR. In my case, I used 2010-2015 as my qualifying period, and all but one piece of the evidence I sent with my application was for this period.

HO however seemed to disregard that, and picked up on the letter from my employer stating that I had worked there since 2007, and officially noted the date of my PR (correctly) as 2012.

Have a look at the sheet from the SAR I made. I was quite surprised myself.

[Richard W]

HO however seemed to disregard that, and picked up on the letter from my employer stating that I had worked there since 2007, and officially noted the date of my PR (correctly) as 2012.

Except that you probably qualified as a schoolboy because your mother also had a non-British EU nationality, and so have had PR under the EEA Regulations since the concept was introduced into British law in 2006.