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I am very sorry to report that, yes, the change of legislation does also affect those currently on an EEA Residence Permit.Does the new 5 year ILR rule apply for EEC national currently on residence permit applying for permanent residency.
What do you mean 'you have switched routes'? Can you please explain.John wrote: And the time on a WP might have led to ILR in 2008 but you have switched routes, to the EEA/EU track.
It appears that that is the case. But your status as EEA citizens gives you more rights than you would have as a work permit holder.wyga wrote:Thank you John
I was advised at the time that WP would be the best solution for us, as this would give us a 'quality' time, which would count towards ILR.
At present it looks like, because Poland joined EU and I have a residence permit, I have to wait longer for my Permanent Residence.
They were not liable to do so, having been working in the UK legally prior to their country joining the EU. As said in the opening post :-JAJ wrote:Have you registered with the Workers Registration Scheme (if liable to do so)?
-: which clearly confirms no need to register under the WRS.After Poland joined the EU in May 2004 we applied for Residence Permits, which we now have, issued 2.06.2004; valid until 30.06.2009.
They were not liable to do so, having been working in the UK legally prior to their country joining the EU. As said in the opening post :-JAJ wrote:Have you registered with the Workers Registration Scheme (if liable to do so)?
micka wrote:You have got it totally wrong...
That better?
I have been in UK on a work permit coming up to 5 years. As of 4 weeks ago I was granted Lithuanian citizenship. Looking thruogh the EEA form, it says you need to show 5 years of legal status in the UK. Which could be work permit, or Residence permit. They will just add up together.
This has come from phone calls with the Home Office. If it counted towards ILR then it counts toward Permanant Residence.
You are presumably referring to the EEA3 form? I have just checked on that and see that it says, with a few words emphasised by me :-micka wrote:Looking thruogh the EEA form, it says you need to show 5 years of legal status in the UK. Which could be work permit, or Residence permit. They will just add up together.
Or put it another way, if you have not had five years in the UK exercising treaty rights then you cannot apply using form EEA3.To acquire the right to reside permanently in the UK, you need to have resided here in accordance with the relevant EEA Regulations for a continuous period of 5 years.
It depends on whether he applied for Lithuanian citizenship, or just a first Lithuanian passportJohn wrote:Ah Micka so you are trying to rely upon para 255B? I really think you are going to have problems. Why? Quite simply because you were not an EEA national prior to the 01.05.04 date mentioned therein.
Yesterday you posted "As of 4 weeks ago I was granted Lithuanian citizenship.", so confirming that you were not an EEA national either during the period prior to 01.05.04, nor in the period 01.05.04 to "4 weeks ago". You can't possibly be treated as exercising Treaty Rights until "4 weeks ago".
I just see how it works for you. Just continue on the WP route to get ILR .... where is the problem in that?
You need to be aware that UK permanent residence (whether through normal route or EEA) will be likely lost should you leave the UK for more than 2 years and can be lost sooner if you move overseas.micka wrote: Fiinally, all this negates my need for British citizenship (I am australian too so no worries for general travel)