Permanent residence: no comprehensive insurance, name change

[AJ_7]

Hello,

I'm hoping someone could shed some light on some questions I have regarding application for permanent residence, with the subsequent aim of applying for British citizenship. I hold an EU passport (Italian), and I've been living in the UK consistently since 2010. But there are a couple of things which are still not entirely clear to me (apologies in advance for the long-form )

1. (lack of) Comprehensive Sickness Insurance: I went to Uni from 2011 to 2014. So, technically, I didn't spend the required 5 consecutive years to be eligible for residence.
However, I’ve been in both regular, part-time employment, and registered as self employed whilst studying, so I was not just a student.

Will that be accepted? And what evidence will suffice? I have self assessment documents from 2011 till present (downloaded from the HMRC website). I was also in part-time employment, at a single workplace, from 2010 to 2013, but I only have a P45 from that job which states the date in which I left. I can however obtain a statement from that company's accountant to confirm the dates in which I was employed by it. Will that be enough?

2. Name change: I changed my name by deed poll in 2013 (not through marriage, I just never liked my old surname). I use my new name on all of my legal documents - bank statements, bills, driving licence, etc, but my passport hasn't been changed yet.

I’m only just in the process of changing it on my passport as it was unaffordable to me at the time, but the name change through the Italian embassy is a notoriously long process (it can take up to two years, and that’s just for the details to be registered, before even being issued with a new passport).

With that in mind, what name should I apply under? Will they accept an application with my new name if I provide a name change (deed poll) certificate? As literally all of my other documents are under my new name.

3. My unmarried partner (who is British) and I have jointly received working tax credits for a few years - will that in any way work against me? i.e. do they penalise you for getting financial support as an EU citizen? Common sense tells me that it's not the case, but the whole CSI deal has completely changed my opinion on what is sensical and what isn't.

Thank you for you insight, it's much appreciated.

AJ

[tmonaghan]

If applying for PR is not urgent, I would wait until the Home Office came with more certainty about the future of EU Citizens in the UK. Mrs May's intentions would be that EU Citizens who arrived to the UK prior to a cut-off date will be able to apply for a Settled Status. In addition the Home Office would not require EU Citizens to prove that they held a CSI. You rights to remain in the UK remain unchanged until you will be required to apply for Settled Status prior to leaving the EU or post Brexit. I think that if you tried to apply for PR in some cases EU Citizens had their applications for PR even though they did not have a CSI to cover them for five years prior to your PR application. In addition, if you waited until the Home Office made it official about your new rights; you would not have to pay the fees twice because to apply for Settled status would require you to submit a new application to remain in the UK in spite of people having already applied for PR.

[AJ_7]

Hi tmonaghan, many thanks for your reply. Can I ask how you know that the home office wouldn't require us to have had CSI? The only info I found was very basic (on the government website) and the lack of it didn't seem particularly reassuring, so if you have any other resources about the new EU residency plan, it would be very much appreciated!

Thanks again

[obscuruss]

Hello, I'm in the same position as you, meaning Italian living in the UK and aiming to change name and get british citizenship.

1) You seem to suggest that studying in the UK doesn't count towards the years of permanent residence. In fact it does and it's stated on the gov.uk website. You can be working, studying, seeking employment, self-employed etc. So to prove you have held CSI you need to show your EHIC plus some forms to show you have held it since you came in. Unless you registered with AIRE, in that case I cannot advise you.

2) I was under the impression that the deed poll, despite the fact that it can be used by any person living in the UK, was in fact pretty much only accepted in the UK. Did the Italian authorities (or embassy) say that they'd accept it for a name change (together with some evidence like bills and driving licence) despite not holding british nationality yet?

[tmonaghan]

2) I was under the impression that the deed poll, despite the fact that it can be used by any person living in the UK, was in fact pretty much only accepted in the UK. Did the Italian authorities (or embassy) say that they'd accept it for a name change (together with some evidence like bills and driving licence) despite not holding british nationality yet?

That is the thing, I became a British Citizen in 2002. Received my British Passport with my Portuguese name. In 2003, I changed my Portuguese name to a British name by Deed poll. Then received my new British Passport bearing my new identity. I then informed the Portuguese Consulate in London about the change of name. I am now legally and officially known in Portugal under my new Identity that I have been using since 2003.

I even travelled across Europe and lived for three years in Portugal as a British Citizen.

When you change your name by Deed Poll; you cease to be known under your previous name, otherwise it could be interpreted that you changed your identity for fraudulent activities. That is why you need to contact your Consulate for them to register your new name and that you ceased to be known under your previous name.

The Portuguese Consulate charged me £250 to update my records... I now have two Passports, the Portuguese and British Passport showing my new name.

[obscuruss]

In 2003, I changed my Portuguese name to a British name by Deed poll. Then received my new British Passport bearing my new identity.

As far as I know HM Passport office won't release a British passport in a new name if any other passports you own are in the old name (you need to get them changed first). Was this not the case?

[tmonaghan]

Well I had to show that I already used my new name by providing evidence such as a Tenancy Agreement, statements from my Bank and utility bills... At the time I was in Paris and used the Deed Poll document to change my name on those documents... The British Consulat in Paris was then able to issue me with a new British Passport bearing my new name. I had two Passports since with my new name. The DVLA issued me with a new driving license and the Home Office updated their records. So basically the process was rather straight forward..,

[tmonaghan]

I have to also mention that when applying for a new British passport/replacement I have to submit both my British Citizen Naturalisation Certificate and the original Deed Poll... I guess I was lucky back then in 2003...