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In order to give you the best answer possible, please share their full timeline. What do you mean continuous period 2009-2014 then left for couple of years, non continuously? Can you show exactly when they were resident and when they were absent?
What do they want to achieve? Is it their goal to apply for British citizenship?Would it make sense for her to apply for PR now and rely on it for a future citizenship application, only to the extend that she was lawfully in the UK exercising Treaty Rights?
We understand that as far as the link for the application for any document under EEA route, including PR cards, is available; then the applications will be processed. This means if the link is active by Dec 31st 2020 the card will be issued, even if this means issuing it in 2021. It is not clear what the cutoff date for this link is / deadline for applications being possible; it might be spot on December 31st, it might be shortly earlier.Or could the HO not issue a PR card on the basis that they are no longer valid after 31/12/2020?
Would the link to the online PR application still be on the gov website if they couldn't issue them within the next few weeks?
Why do you think they will be granted PR but only Pre-Settled status? This is unlikely, and it would rather be the other way around. PR requirements usually are more strict than Settled Status.She will apply in any event under the Settlement scheme, but will be granted Pre-Settled Status.
I'm afraid she would not qualify for PR if she were to apply today, since she has ceased to exercise treaty rights in the UK for more than 2 years after leaving the UK. Coming to visit, regularly or sporadically, does not make up for it; visits do not count towards the exercise of treaty rights, so it is incorrect to say her 2 years of absence are not continuous. They are.Sandra35 wrote: ↑Tue Nov 17, 2020 6:47 pmThe French national exercisedTreaty Rights from 2009 to 2014. So it would seem would qualify for historic PR.
She left the UK late 2014 and returned in Sept 2017. She was working in France during that period of absence but returned regularly to the UK to visit.
Then yes, she is eligible for Pre-Settled status, although for that CSI is not necessary.Since September 2017 she's been in the UK mainly as a post-grad student. She has CSI.
It would be useful, but again, she would not get it, since she lost her right to PR the moment she completed 2 years out of the UK, not exercising treaty rights.Her goal is ultimately to apply for citizenship. Would the PR not be useful from that point of view?
Yes, correct.As she has only been in the UK since 2017 continuously, if she was to apply under the Settlement Scheme now, she would be granted pre-settled Status based on her residence since Sept. 2017
It is not clear if having a PR card would allow someone to apply for citizenship in 2021, but again, this is not relevant to her since she is no longer eligible for PR anyway.YOu mention that the PR cards should be processed if she applied prior to 31/12/20 but what would be the validity of that card?
Actually, what am I saying.
The requirement is the completion of 5 continuous years at the date of application (not necessarily completed immediately or exactly at the time of application), AND no supervening event, which includes 5 years of absence since the completion of the 5 years:
So, 5 years of residence and 3 years of absence still qualifies.Continuous qualifying period of 5 years
An EEA citizen will be eligible for ILE or ILR under the scheme, as a relevant EEA citizen under condition 3 in rule EU11, where, at the date of application, they have completed a continuous qualifying period of residence in the UK and Islands of 5 years – as a relevant EEA citizen, a family member of a relevant EEA citizen, a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, a person with a derivative right to reside, a person with a Zambrano right to reside, or a person who had a derivative or Zambrano right to reside, or in any combination of those categories.
Where an applicant relies on more than one of those categories in order to complete their continuous qualifying period of 5 years, there can be no gap between the periods of qualification under each category relied upon. This does not affect the absences from the UK and Islands which are permitted during a continuous qualifying period.
And where no supervening event has occurred, which means both that since completing that 5 year period:
• they have not been absent from the UK and Islands for a period of more than 5 consecutive years
(...)
Well, same thing goes. Exact and full timelines are needed for each of them.
OK in this case, then yes, it seems all of them have already acquired PR automatically in July 2018, and if no major absences occurred in July 2018-July 2019, then they would be eligible to apply for British nationality immediately after their confirmation of PR.
Well, as per other member's reports, throughout 2020, the HO has been issuing EEA RCs with printed expiration dates of 2021.