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Permanent residency status in UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Pablito
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Permanent residency status in UK

Post by Pablito » Mon Apr 29, 2013 1:17 am

Some time ago I read on the forum that if I have residence card in UK, then it is very likely that after 5yrs I should have gotten myself permanent residence without even applying for it. Is that so?

I am interested to find some answers to my questions, hope somebody can advice.

Is there any regulation or community law which implies that automatic PR should be obtained.(Providing of course that a person have been in the UK for 5yrs exercising treaty rights)

Is there any lawful obligation on side of UK to automatically give permanent residence to EU nationals after 5yrs of residence?

Has anyone got any links where I could find out more about it?

and finally, Does anyone know if there is any easy way to find out whether I have permanent residence or not? I mean like by calling HO or something.

I will be much grateful for your advice, hints...etc...

vinny
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Post by vinny » Mon Apr 29, 2013 3:28 am

Automatic.
Pablito wrote:and finally, Does anyone know if there is any easy way to find out whether I have permanent residence or not? I mean like by calling HO or something.
Apply for confirmation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Mon Apr 29, 2013 8:06 pm

Generally, you would have achieved PR, if you lived in the UK in accordance with the regulations (essentially same terms as the directive) for five years. This being worker, self-sufficient or student. Absences would need to have been six months or less per 12 months.

If A8 or A2, you will be expected to have WRS or work-permit if a worker.

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Pablito
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Post by Pablito » Tue Apr 30, 2013 3:01 pm

Thank You Guys,

But it seems to me that is not really automatic, since I need to apply for confirmation.

Jambo
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Post by Jambo » Tue Apr 30, 2013 7:53 pm

Pablito wrote:Thank You Guys,

But it seems to me that is not really automatic, since I need to apply for confirmation.
Why not? You don't need to apply for a confirmation and your status is not affected whether you apply or not.

On my birthday I will become 1 year older even if I don't have a birth certificate to prove when is my birthday.

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Pablito
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Post by Pablito » Tue Apr 30, 2013 8:14 pm

Jambo wrote:
Pablito wrote:Thank You Guys,

But it seems to me that is not really automatic, since I need to apply for confirmation.
Why not? You don't need to apply for a confirmation and your status is not affected whether you apply or not.

On my birthday I will become 1 year older even if I don't have a birth certificate to prove when is my birthday.
Yes Jambo,

But in practice it is of no use to you, until you get PR card. If I care about this PR is only because it could help me in some ways, not because I have awareness that I am there already more than 5 years.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Apr 30, 2013 8:16 pm

It is achieved by virtue of your activities, but a certificate will not come without an application.

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Pablito
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Post by Pablito » Tue Apr 30, 2013 9:14 pm

Ok, thank you to all.

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