EEA citizen without PR

[Glasshouse]

I am German citizen who came to the UK in 2002. I moved here with my parents and completed my GCSE, Alevels and university studies in the UK. I am currently in full-time employment.

My PR application a few months ago was rejected on the basis that I didn't have comprehensive sickness insurance while studying at university and therefore did not exercise my treaty rights. I have only been in employment for 4 years and therefore do not yet qualify for their minimum 5 year period,
I have in the meantime applied for a EEA(QP) but it has been 8 weeks and I have still not heard from them.

As most EU citizens I am concerned about Brexit and was wondering if I should apply as a spouse as my husband is British and we have been married for 6 years. I am slightly confused however as to the requirements- the Naturalisation booklet says that in order to naturalise as a spouse I need to have a PR which means I can't apply for British citizenship this way either.

Any help would be much appreciated.

[noajthan]

I am German citizen who came to the UK in 2002. I moved here with my parents and completed my GCSE, Alevels and university studies in the UK. I am currently in full-time employment.

My PR application a few months ago was rejected on the basis that I didn't have comprehensive sickness insurance while studying at university and therefore did not exercise my treaty rights. I have only been in employment for 4 years and therefore do not yet qualify for their minimum 5 year period,
I have in the meantime applied for a EEA(QP) but it has been 8 weeks and I have still not heard from them.

As most EU citizens I am concerned about Brexit and was wondering if I should apply as a spouse as my husband is British and we have been married for 6 years. I am slightly confused however as to the requirements- the Naturalisation booklet says that in order to naturalise as a spouse I need to have a PR which means I can't apply for British citizenship this way either.

Any help would be much appreciated.

Yes, if you have ambitions for privilege of citizenship one of the mandatory requirements for naturalisation is (since end of last year) a confirmation of PR card or DCPR.

To acquire PR status you must have exercised treaty rights continuously for 5 years as a qualified person.

You have been caught out by that old chestnut CSI.
Don't be too hard on yourself, you're not the first and won't be the last.

Unfortunately being the spouse of a BC maybe of little help to you.
That is, unless you have been (and are) supported by spouse and have had(/have got) CSI in place so you could qualify as a self-sufficient qualified person.
Are you covered by any private health insurance via hubby

If not, and thinking back to carefree student years, did you have a foreign-issued EHIC as a student?
Or a UK RC issued to you as a student in/before 2011
If so that would cover you for CSI, or exempt you from demonstrating you had CSI, respectively,

Alternately, as you have lived in UK since 2002 you may have acquired PR in the past as the family dependent of an EEA parent/sponsor.

Did you have a parent who was a qualified person exercising treaty rights (eg as a worker or self-employed) for a period of 5 years whilst you were also in UK?
(Even co-habitation would not have been necessary under the laissez-fire EU law).

If so, and under age 21, then you just need to apply as the direct family member (dependent) of your EEA sponsor assuming you can collate good (if not unimpeachable) documentary supporting evidence.

If at any time during the qualifying period you were over age 21 it may still work out, but you would have to show financial dependency on your sponsor (just for the period when age 21 or above).

Once you have acquired PR and obtained your confirmatory PR card, the one advantage of having a BC spouse (in immigration terms) is there is no need to hold PR for a further 12 months before shooting for citizenship.
Although if you have actually acquired PR already, from years ago, this won't be an impediment anyway.

[Glasshouse]

Many thanks for your reply.
Unfortunately I did not have any type of private health insurance or EHIC.

I came to the UK when I was 16 years old with my parents. I was dependent on them until 18 and thereafter received student loan to fund my studies. But I was still living with my parents during this time. I finished my studies at 24 and have been working full time since.

If I was to show that I was dependent on my parents during the period of 2002-2007 would I not need CSI?
Also what kind of evidence would they be looking for to prove that I was financially dependent on them?

I guess the documentary evidence will be tricky as it is going back quite a few years and they want originals only.

[noajthan]

Many thanks for your reply.
Unfortunately I did not have any type of private health insurance or EHIC.

I came to the UK when I was 16 years old with my parents. I was dependent on them until 18 and thereafter received student loan to fund my studies. But I was still living with my parents during this time. I finished my studies at 24 and have been working full time since.

If I was to show that I was dependent on my parents during the period of 2002-2007 would I not need CSI?
Also what kind of evidence would they be looking for to prove that I was financially dependent on them?

I guess the documentary evidence will be tricky as it is going back quite a few years and they want originals only.

As a dependent (even if studying at college/university) there's no need for you to have had CSI.

That's the point, as a dependent your acquisition of PR is via the sponsor (parent).
If they are a worker they are contributing to the economy as a taxpayer (so no need for CSI).

Under EU law you are a dependent until 21 (not just 18).
No need to show any dependency on parent from age 16-20. Just for age 21+.

At age 21 you would need to show you had financial support of some (not necessarily all) of your needs.
So bank statements showing money transfers would be one way.

Suggest check your dates and timeline along with that for parent. And dig into the family archives for any records.

How long were you 21 for before the 5 years was completed
(it may only have been for a few months if you arrived in UK on or soon after your 16th birthday).

And its a longshot but did you check if you had a UK RC issued to you as a student in/before 2011

[Glasshouse]

Many thanks for your swift reply.

I turned 21 in June 2008 and I came here July 2003.

[noajthan]

Many thanks for your swift reply.

I turned 21 in June 2008 and I came here July 2003.

So you may have smashed it then.

You would only have to show you were financially dependent on parent/sponsor for 1 month or so.
From your birthday to the 5th anniversary of your arrival in UK (July 2008).

Was parent/sponsor exercising treaty rights from the get go when you arrived in UK (were they already set up in UK and working?
And no gaps in their work since then? (up until 2008+)
Any prolonged absences for them or you from UK after you arriving in mid-2003? (until 2008+)

Oh and any sight of a student RC

Or were you covered in some way by a parent's health insurance scheme from Germany

You could have acquired PR in a combination of categories;
eg: family dependent of parent (child in education: age 16-20) and then (maybe) as a student in own right (age 21+) with healthcover from Germany.
Worth digging into.

[Glasshouse]

Sorry to ask a silly question but what is a student RC?

As far as I remember we were not covered by any health insurance via father.

My dad waas working from 2003 0but he hasn't got any payslips and evidence of work maybe lacking.

If by miracle I was to find all the evidence to say that I was a dependent at the time how would I fill out the PR form? As in would I only send in the evidence for that time period and not mention anything I did after 2008?

Also my dad has just applied for his PR and we are still waiting to hear from the HO but if his PR application was accepted would I still have to apply with EEA PR?

Just another silly question- the HO take quite a while processing these forms. Do you think that if you keep applying in different ways it looks bad on us? What I mean is:
1) PR application on my own applied - refused april 2016.
2) QP applied- sent April 2016, awaiting decision
3) PR as a dependent under father -possibly if I can find all the evidence
4) If all else fails, apply August next year as that would be from 5 years of being continuously employed but I had 11months maternity leave during that time. Would I still qualify for 5 years?

Many thanks for your help.

[noajthan]

Sorry to ask a silly question but what is a student RC?

As far as I remember we were not covered by any health insurance via father.

My dad waas working from 2003 0but he hasn't got any payslips and evidence of work maybe lacking.

If by miracle I was to find all the evidence to say that I was a dependent at the time how would I fill out the PR form? As in would I only send in the evidence for that time period and not mention anything I did after 2008?

Also my dad has just applied for his PR and we are still waiting to hear from the HO but if his PR application was accepted would I still have to apply with EEA PR?

Just another silly question- the HO take quite a while processing these forms. Do you think that if you keep applying in different ways it looks bad on us? What I mean is:
1) PR application on my own applied - refused april 2016.
2) QP applied- sent April 2016, awaiting decision
3) PR as a dependent under father -possibly if I can find all the evidence
4) If all else fails, apply August next year as that would be from 5 years of being continuously employed but I had 11months maternity leave during that time. Would I still qualify for 5 years?

Many thanks for your help.

Silly questions are like forgetting to ask "what makes the sound of thunder" and so going through life thinking its the clouds bumping together.

RC = Residence Certificate - an optional confirmatory document issued to EEA nationals (if they applied); indicates the holder's status.

Lack of documentary supporting evidence will be a problem. It will make or break the application.

You would fill in PR form as the main applicant and mention your sponsor's details in Section 2 of form (etc).

You will have to mention details after 2008 in order to show that, if acquired, you have not subsequently lost your PR status (eg by an absence from UK of 2 years).

PR status is not inherited from anyone.
You will need to apply for proof of your PR status if you need it; eg to help fulfill ambitions for privilege of citizenship.

Your multiple application records will obviously be on file somewhere in HO HQ. I can't comment on how HO views them.

4) A worker is able to maintain their worker status whilst on maternity leave.

The EU and HO are not Philistines.
Workers who are on paid or unpaid maternity leave still have worker status. (Documentary supporting evidence required).
So your 5 years of treaty rights should not have nbeen interrupted or stalled.