Clarification on residence requirement/permanent residence

[pope2137]

Hi, I'm planning to apply for a British citizenship but I'm little bit confused with the residence requirement and especially the permanent residence. So my situation is that I've been living and studying in the UK for the past 7 years now and I'm a EEA national. From what i know after living for 5 years in the UK as a EEA national you automatically receive permanent residence. My question is do I need to apply for a document proving permanent residence and then wait 12 months after I received it or can I either apply for British citizenship without that document or straight away after receiving the document?

[CR001]

Just living in the UK for 5 years is not enough. You have to be a qualified person exercising treaty rights. So what have you been doing for the last 5 years?

You cannot apply for citizenship if you do not have a document certifying permanent residence. The requirement changed in November 2015 and this is now mandatory to submit with your application.

Note that date you 'acquire PR' is not necessarily the same as the 'date of PR document'.

[noajthan]

Have you got a British spouse

If so, one benefit (in the immigration context) is you would be able to skip holding PR status ie freedom from immigration time restrictions (which may not be the same as holding a PR card) for 12 months before shooting for the privilege of citizenship.

As a student did you have CSI/foreign-issued EHIC (or similar)

Are you an A8 national, if so how's your WRS documentation (if you were working up to 2011)

Have you enjoyed any prolonged absences from UK

[pope2137]

Have you got a British spouse

If so, one benefit (in the immigration context) is you would be able to skip holding PR status ie freedom from immigration time restrictions (which may not be the same as holding a PR card) for 12 months before shooting for the privilege of citizenship.

As a student did you have CSI/foreign-issued EHIC (or similar)

Are you an A8 national, if so how's your WRS documentation (if you were working up to 2011)

Have you enjoyed any prolonged absences from UK

I do not have a British spouse unfortunately. I am an A8 national, I do not have any WRS documentation. I have not been working up to 2011. I think I have the EHIC. I've been and still am in education since I've came to the UK in 2009. I did not enjoy any prolonged absences from UK as far as I know.

[noajthan]

I do not have a British spouse unfortunately. I am an A8 national, I do not have any WRS documentation. I have not been working up to 2011. I think I have the EHIC. I've been and still am in education since I've came to the UK in 2009. I did not enjoy any prolonged absences from UK as far as I know.

Absences over 6 months out of 12 months are 'prolonged' and could have interrupted your continuity of residence in UK.

No work up to 2011 means no worries over WRS nonsense.

As you seem to be a student you do need to have one of the following in place (since 2009) or else your PR clock will have been stopped:

• CSI;
  foreign EHIC;
  RC issued to you as a student in/before 2011 (to invoke a certain transitional arrangement);
  some sort of foreign health cover that extends to you (eg parents' health policy);

Next steps:
find one of the above.

If you don't have any of the above you will not have acquired PR yet.
That is unless (& its a longshot) you have an EEA sponsor here with you in UK (eg a parent exercising treaty rights)?
This safety net would depend on your age too.

If no sponsor and no CSI then you need to put some in place in order to regularise your position in UK. Especially with EU being such a hot potato these days.

[pope2137]

I do not have a British spouse unfortunately. I am an A8 national, I do not have any WRS documentation. I have not been working up to 2011. I think I have the EHIC. I've been and still am in education since I've came to the UK in 2009. I did not enjoy any prolonged absences from UK as far as I know.

Absences over 6 months out of 12 months are 'prolonged' and could have interrupted your continuity of residence in UK.

No work up to 2011 means no worries over WRS nonsense.

As you seem to be a student you do need to have one of the following in place (since 2009) or else your PR clock will have been stopped:

• CSI;
  foreign-issued EHIC (not a UK one);
  RC issued to you as a student in/before 2011 (to invoke a certain transitional arrangement);
  some sort of foreign health cover that extends to you (eg parents' health policy);

Next steps:
find one of the above.

If you don't have any of the above you will not have acquired PR yet.
That is unless (& its a longshot) you have an EEA sponsor here with you in UK (eg a parent exercising treaty rights)?
This safety net would depend on your age too.

If no sponsor and no CSI then you need to put some in place in order to regularise your position in UK. Especially with EU being such a hot potato these days.

I do have a sponsor, my father who has been living and working in the UK since 2005, I believe I do have the EHIC myself but I'm not sure if I have it since 2009, but for sure my father has it and had it way longer than me. I believe he has the permanent residence as he has been exercising treaty rights.

[noajthan]

I do have a sponsor, my father who has been living and working in the UK since 2005, I believe I do have the EHIC myself but I'm not sure if I have it since 2009, but for sure my father has it and had it way longer than me. I believe he has the permanent residence as he has been exercising treaty rights.

If you had the health policy (CSI or etc) yourself then you can apply for confirmation of PR in your own right.

If not and dad was exercising treaty rights continuously (or had PR) for 5 years whilst you were also in UK then probably all good too.

If you were under 21 at the time then no need to show financial dependency on parent;
by having a sponsor it doesn't matter what you were doing in UK - as long as it was legal ofcourse (so no need for you to have had CSI).
If over 21 at any time you would have to show financial dependency on your parent/sponsor.

[Noetic]

I believe I do have the EHIC myself but I'm not sure if I have it since 2009, but for sure my father has it and had it way longer than me.

Is this EHIC issued by your home country? Find out asap if you still have previous foreign EHIC as whether or nor your student time counts depends on this.

If your father was working and you were his dependent then he wouldn't have needed EHIC/CSI although he would have needed to have WRS for any more 2011 working time to count as exercising treaty rights.

[pope2137]

I believe I do have the EHIC myself but I'm not sure if I have it since 2009, but for sure my father has it and had it way longer than me.

Is this EHIC issued by your home country? Find out asap if you still have previous foreign EHIC as whether or nor your student time counts depends on this.

If your father was working and you were his dependent then he woilsnr have needed EHIC/CSI although he would have needed to have WRS for any more 2011 working time to count as exercising treaty rights.

I found the EHIC, it has been issued by the UK. Does it have to be issued before 2011? The expiry date of my EHIC is 2017 so I believe it must have been issued to me in 2012.

[CR001]

A UK issued EHIC doesn't count unfortunately. It would only count if issued by your home country.

[noajthan]

You have 2 more shots at this in your own right...

• RC issued to you as a student in/before 2011 (to invoke a certain transitional arrangement);
  some sort of foreign health cover that extends to you (eg parents' health policy);

Otherwise its over to Dad and the details of his activities and timeline in UK; (also any valid WRS & etc).
If relying on father, what age were you during his timeline?

[pope2137]

If I applied for permanent residence document through my dad and his activities and timeline in UK, how would I go about it? What documents would I and him need to provide? I am 19 years old now and have been in the UK since I was 12 and went through pretty much all education levels, secondary school, college, and now I am in university. My father has been living in UK since 2005 which would make 11 years now and i joined him in 2009. Could you explain what WRS is? My father has a document dated at 2006 from Home Office stating he has the right work in the UK at the same conditions as UK workers, would that be useful? If you could tell me what documents would be needed I could ask my dad if he has them.

[Noetic]

WRS http://www.workpermit.com/uk/worker_registration_scheme

Ran 2004-2011, for UK immigration purposes any time A8 nationals worked without proper WRS registration doesn't count towards PR.

In the same way that student / self sufficient time doesn't count towards PR without foreign EHIC or CSI even if you are entirely entitled to NHS treatment.

[pope2137]

Is there anything I can do? I do not have CSI or foreign EHIC

[noajthan]

If I applied for permanent residence document through my dad and his activities and timeline in UK, how would I go about it? What documents would I and him need to provide? I am 19 years old now and have been in the UK since I was 12 and went through pretty much all education levels, secondary school, college, and now I am in university. My father has been living in UK since 2005 which would make 11 years now and i joined him in 2009. Could you explain what WRS is? My father has a document dated at 2006 from Home Office stating he has the right work in the UK at the same conditions as UK workers, would that be useful? If you could tell me what documents would be needed I could ask my dad if he has them.

Yes that document sounds of interest and will be useful.
Find out what it is.

Apply using PR form.
You apply as main applicant. You are the direct family member of your sponsor/father.

Its fine that, under EU law you are still a minor.
As you are under 21 there is no need to prove financial dependency on your sponsor.

Fill in details of sponsor (Dad) in sponsor's section of PR form.

You will need to gather details (and documentary supporting evidence) of all his economic activity in UK.
You also have to demonstrate your relationship (submit birth certificate) and prove your identities (submit passports or EU id cards) well as show your residence in UK (submit a bunch of official documents).

Read the PR guide to dig into details of all this. Then ask for whatever remains unclear.

If Dad is an A8 national it is vital that he was fully and properly registered under the Worker Registration Scheme for A8 nationals (WRS).
WRS ended in 2011. He is supposed to have been registered for first 12 months of work in UK (if it took place between 2004 and 2011).

Did Dad register for WRS (if/as required)?
If he changed jobs in first 12 months did he re-register with next employer?
Has he got all WRS documents/certificates?

If father is unsure if he was registered for WRS (or has WRS documents missing) there is a contact email address for enquiries.
I can dig it out if you need it.

Has father had any prolonged absences from UK (over 6 months)?

[pope2137]

Yes that document sounds of interest and will be useful.
Find out what it is.

That document is a "Residence Permit for a national of a member state of the EEC"

You apply as main applicant. You are the direct family member of your sponsor/father.

Can I somehow include my dad in the application so he receives the permanent residence document as well?

Read the PR guide to dig into details of all this. Then ask for whatever remains unclear.

I will post any further questions in this thread if that is ok.

Did Dad register for WRS (if/as required)?
If he changed jobs in first 12 months did he re-register with next employer?
Has he got all WRS documents/certificates?

He told me that he was registered and has all the documents.

Has father had any prolonged absences from UK (over 6 months)?

He told me that he has not had any such absences. From what I know not in the past 7 years. He might have been absent for more than 6 months in 2008 as far as I can remember. Would that have an impact on the application?

[Noetic]

Sounds like you're good to go to apply as dependent of your father - absence in 2008 doesn't matter just submit sufficient information to solidly cover a 5 year period of exercising treaty rights during which you both lived together in the UK. I'll leave the details as to the application and exact documents to more experienced members.

[noajthan]

Yes that document sounds of interest and will be useful.
Find out what it is.

That document is a "Residence Permit for a national of a member state of the EEC"

You apply as main applicant. You are the direct family member of your sponsor/father.

Can I somehow include my dad in the application so he receives the permanent residence document as well?

...

ok good.

Yes not a bad idea with all this talk of Brexit.

In that case father is main applicant.
You are entered as a family dependent.

No need for father to fill in the sponsor-specific section - being EEA and applying in his own right he does not need a sponsor.

Suggest print off form, collate all your evidence.
Have a go at completing a draft copy - see how it shapes up and hangs together.
Then buy Dad a bottle of his favourite tipple for Father's Day

If the current 'monster' PR form is too much to handle you may be interested to complete an earlier (simpler) version. Some are available via forum or Gov UK archives.
(Its not a mandatory or legal requirement to use and submit the latest form).