EEA national, in UK for over 8 years: PR needed or not?

[Clarissa_M_]

Hello,

I would like to apply for citizenship, but some points are rather unclear: I have been living in the UK for 8 years, I can prove my residency thanks to the complete collections of my payslips. Do I need to request a PR and wait for 1 year? The website (https://www.gov.uk/becoming-a-british-c ... -can-apply ) states

[...]And you must usually have:

been granted indefinite leave to stay in the UK (or permanent residence if you’re an EEA national) - this means there’s no specific date that you have to leave

and that usually throws me off a bit. I would rather not wait for one year, especially as I have read that from November 2015 my degree (obtained in UK by a UK university) would not be considered a proof to meet the language requirements.

If anyone could shed some light it will be much appreciated.

Thank.

[uk2005]

You don't need PR but you have show you been work nonstop 5yeard on 8yers time plus 1years on top so 5years work + 1yeard nonstop 5years work is you PR

[Clarissa_M_]

Hello again,

thank you for your reply: I have worked no stops, but for six months (August 2011 - February 2012) when I was abroad travelling. I didn't get any benefits. Would that be a problem?

[fwd079]

Hello again,

thank you for your reply: I have worked no stops, but for six months (August 2011 - February 2012) when I was abroad travelling. I didn't get any benefits. Would that be a problem?

What do you mean by benefits?

[Clarissa_M_]

Apologies, I have realised I have worded myself very badly. In the past 8 years I have never claimed any benefits, I have always worked. The only period I didn't work was between Aug 2011 and Feb 2012, but I was out of the country travelling. Would the fact that I was out of the country for 6 months not working constitute a problem with my application without a PR? I have counted and I am within the 450 days limit.

[Julian11]

You lose your continuous exercise of EU treaty rights in the UK if you are gone for six months or longer in any residence year in the original five years that build up to you getting PR, ie:

If you moved on 1 February of 2007, your residence year is 1 Feb- 31 Jan. Six months within one of those years would break your residency meaning you would effectively start at 0 again when you return. If your travels were 15 Aug - 15 Feb, for example, that means 5.5 months would fall within a residence year of this example (moving here on 1 Feb), and as long as other trips don't let it hit six months, you'd be ok. If they do, you'd have to start again at 0 upon your return on 15 Feb.

I would thus count very carefully the exact number of days you were gone (not just for the travel but any other days outwith the UK, as those would be added together during each residence year), and how these fit within your residence years based on the exact date you settled in the UK. Any day you are physically present in the UK is fine.

Assuming you never hit the six months, It'd be wise to attach proof of your flights and additional info with all these calculations to show that you did indeed achieve PR and never broke your five year residency.

You need 5 years of treaty exercise and one year under PR to apply, but you don't need the actual PR certificate. Assuming you never broke your residency, this means you've had now your 5 years + 3 years under PR, so you'd be fine to apply.

[LilyLalilu]

I would rather not wait for one year, especially as I have read that from November 2015 my degree (obtained in UK by a UK university) would not be considered a proof to meet the language requirements.

Just a quick note; you will still be able to use your UK degree as proof of English language knowledge. The sentence regarding the Nov 2015 changes in booklet AN only states that requirements for English language tests will be changing, not for academic qualifications as proof of language knowledge. Regardless, I completely understand that you do not want to wait an extra year

[Clarissa_M_]

Hello,

I would like to thank you all (and the mods) for replying and helping me out.

Finger crossed!

Clarissa

[Clarissa_M_]

Hello,

hope this finds you well.
I need your help to understand if I can or cannot apply for British citizenship. My main concern are my absence dates.

I entered UK on 26/09/2006. In 2011 I have decided to travel and I did the below:

19/08/2011 - 30/08/2011: (10 days) left my job and stayed in London without a job.
30/08/2011 26/09/2011(26 days): was in Italy
26-27/09/2011 returned in London for 1 and 1/2 day
27/9/2011 31/1/2012 (125 days): traveled around the world
31/1/2012 4/2/2012 (5 days): returned to London and stayed there without a job
4/2/2012 28/2/2012 (20 days): stayed in Italy.
28/02/2012: returned in UK and started to work within 2 weeks.

My questions:
do the weeks before and after travelling when I was without a job count as myself being self-sufficient? Do I need to prove medical insurance for this? If yes, my Italian issued EHIC card is valid?

From 30/08/2011 to 28/2/2012 are 182, so over 6 months, but I have stayed in London without working for a total of 7 days: does this mean I have/haven't lost my permanent residency status?

Thank you to whoever will be able to help.

[noajthan]

Hello,

hope this finds you well.
I need your help to understand if I can or cannot apply for British citizenship. My main concern are my absence dates.

I entered UK on 26/09/2006. In 2011 I have decided to travel and I did the below:

19/08/2011 - 30/08/2011: (10 days) left my job and stayed in London without a job.
30/08/2011 26/09/2011(26 days): was in Italy
26-27/09/2011 returned in London for 1 and 1/2 day
27/9/2011 31/1/2012 (125 days): traveled around the world
31/1/2012 4/2/2012 (5 days): returned to London and stayed there without a job
4/2/2012 28/2/2012 (20 days): stayed in Italy.
28/02/2012: returned in UK and started to work within 2 weeks.

My questions:
do the weeks before and after travelling when I was without a job count as myself being self-sufficient? Do I need to prove medical insurance for this? If yes, my Italian issued EHIC card is valid?

From 30/08/2011 to 28/2/2012 are 182, so over 6 months, but I have stayed in London without working for a total of 7 days: does this mean I have/haven't lost my permanent residency status?

Thank you to whoever will be able to help.

Have you reviewed the relevant guidance, section 5:
https://www.gov.uk/government/uploads/s ... n_2015.pdf

To demonstrate exercising treaty rights as a self-sufficient person CSI is required.
My understanding is an EHIC card may be acceptable if your stay in UK was intended to be temporary (for example as a student).
Persons expecting to stay for a longer term in UK (and who were not economically active) seem to be required to hold CSI (or any legitimate alternative).

[noajthan]

As an EEA national, time & absences (& any impact on exercising treaty rights) are calculated based on the anniversary of your entry into UK (not on calendar years).

See pages 49 & 50 of https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

[Clarissa_M_]

As an EEA national, time & absences (& any impact on exercising treaty rights) are calculated based on the anniversary of your entry into UK (not on calendar years).

See pages 49 & 50 of https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Hello, thank you for linkind that, I have read the info before, but different sites give different info.

Re: the EHIC I think it will cover the 1 week in August, as I left soon after and the 5 days in early Feb. I will try and see if I can use it for the period 28/02-10/03 where I wasn't working.

Thanks to everyone!

[noajthan]

As an EEA national, time & absences (& any impact on exercising treaty rights) are calculated based on the anniversary of your entry into UK (not on calendar years).

See pages 49 & 50 of https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Hello, thank you for linkind that, I have read the info before, but different sites give different info.

Re: the EHIC I think it will cover the 1 week in August, as I left soon after and the 5 days in early Feb. I will try and see if I can use it for the period 28/02-10/03 where I wasn't working.

Thanks to everyone!

The link is to the UK's Immigration Regulations so that's the law not just a random website.

If you rely on a foreign (not UK's) EHIC card you need to provide a statement of intent to the effect that you were in UK temporarily & demonstrating you still have ties to your home country (& etc).

If you were in UK just before starting work you may qualify as a jobseeker exercising treaty rights, which doesn't require proof of CSI but does, ofcourse, require proof of jobseeking.