Which route should I take, EEA-PR or 10yr long residence?

[rando101]

Hi all

I'm trying to figure out what to do next and would really appreciate your expert input here.

A Croatian national and have been in the UK since Nov/2005. Over that time I was issued the following visas:
Nov/2005 - Student visa
2006 - Student visa
2007 - Tier 4 - Student
2008 - Tier 4 - Student
2009 - Tier 4 - Student
(gap of a couple of weeks spent out of the country between Tier 4 expiry and new Tier 2 issued)
Oct/2010 until Oct/2013 - Tier 2 (dependant of main applicant)
Aug/2013 to date - Blue registration certificate (after Croatia joined the EU). I believe this is equivalent to Residence Card.

In order to settle in the UK, could I apply for Permanent Residence Card on the basis of my 2 years as EEA plus the 3 years prior to that? Something like the Czop case C­147/11 (Period of residence completed before the State of origin acceded to the European Union)

Or should I way until Nov/2015 and apply for settlement on the basis of long residence (10 years)?

[Obie]

Did you have medical insurance as a Student?

[rando101]

Did you have medical insurance as a Student?

No, I didn't because back then, before Croatia joined EU, Croatia and UK had some sort of agreement which used to entitle their nationals to free health care in the their national health systems (if I'm not mistaken it's called "Reciprocal Health Care Agreements")

Do you reckon that would make any difference to my possible settlement application?

[Obie]

It will depend on the nature of the agreement, and if it means you were covered under EU law, from being in possession of it.

[ANGELA LIMA]

Hi all,

I am a non eea family member who the residence permit has expired last Sunday. ( 5 years)
But I've being legally living in the UK for 10 years. 5 years as a student and 5 years as eea dependent no breach.

Can I apply through ILR instead of EEA route?

I am doing this , because I can use the Premium Service. Otherwise, I will lose my job / or be suspended at work and the Premium Service is faster.

Note : Back them was not required medical insurance.

Thanks
Angie

[AngieD]

Hi all,

I am a non eea family member who the residence permit has expired last Sunday. ( 5 years)
But I've being legally living in the UK for 10 years. 5 years as a student and 5 years as eea dependent no breach.

Can I apply through ILR instead of EEA route?

I am doing this , because I can use the Premium Service. Otherwise, I will lose my job / or be suspended at work and the Premium Service is faster.

Note : Back them was not required medical insurance.

Thanks
Angie

Why would you lose your job?

When you apply for PR you will be sent a Certificate of Application which will confirm your right to work whilst the PR is being processed

[ANGELA LIMA]

My employer stated that I can't work until I have COA.

In relation to 5 years exercising treaty rights my husband is here from 2004 :

1) Can he apply using his HMRC Employment History for the period 2004 to 2009 and employer letter confirming?No another proof.

2) Is he obliged to send another proof of living in the UK? He was living with his auntie without any address proof or bank statements until 2007.

I wait for a reply.

Thanks

[Khan1980]

My employer stated that I can't work until I have COA.

In relation to 5 years exercising treaty rights my husband is here from 2004 :

1) Can he apply using his HMRC Employment History for the period 2004 to 2009 and employer letter confirming?No another proof.

2) Is he obliged to send another proof of living in the UK? He was living with his auntie without any address proof or bank statements until 2007.

I wait for a reply.

Thanks

Dear Angela...
In both cases PR or ILR , u would need evidence of treaty rights of ur EEA partner i.e , evidence that He was qualifies person , Employed , Self Employed , Self sufficient or Student for 5 years.

Yes Premium service would be quickest way to get ILR providing required documents.
And you would need evidence of his treaty rights for last 5 years , i.e since you been married or since you got EEA2 to cover 5 years as legal and continuous residence to qualify for long residence( 10 years).
And also if you didnt have any other complication in ur immigration history + LIUK test + English Language requirements.

Regards
Khan