Permanent Residency refusal - please help!

[Bkholfy]

OK...I'm no longer a student, but for the most part of the last 11 years I was, so long story short:
- EEA national (A8 to be precise)
- Arrived in UK in 2006. Being only 13y/o I joined halfway through Yr9, finished secondary school, followed by college (a-levels 2009-2011) and then uni (2011-2016)
- Registration Certificate issued in July 2008
- Worked PT while in FT education (2008 onwards)
- Since graduating last summer I am now working FT

I (along with many others it seems) have decided that it's a good time to apply for British Citizenship, so a few hours ago I sat down to fill out the online form for a PR card. It was all good until I came across the question about Comprehensive Sickness Insurance - something I am not aware of. After selecting the option stating that I've never had CSI, it prompted that in that case those years may not count towards permanent residency status, which brings me here.

Am I right to believe that the years I've spent in education will mean nothing when it comes to PR? Was I supposed to have private medical cover when I joined school at the age of 13? I was under impression that I gained PR status 5 years after I moved here, but if the above applies does it mean my qualifying years have just started along with FT work, due to previous gaps in employment? I know that there are too many variables, but all of the sudden I'm a little confused...

And there was me thinking this was going to be straight forward!

[secret.simon]

I was under impression that I gained PR status 5 years after I moved here

A commonly held misconception.

However all is not lost.

Presumably, when you moved here at the age of 13, you moved here with one or both of your parents. If they exercised treaty rights (or held PR) in the UK for any five continuous years in the UK while you were under the age of 21, you would have acquired PR as the dependent of such a person.

You should be able to apply for the DCPR with proof of the parent's exercise of treaty rights.

[Bkholfy]

Thanks for your reply secret.simon!

I didn't even think about that - makes perfect sense bearing in mind I was a child when we moved here. Either way, I spoke to HO and they informed me that due to the fact that my RC was issued before 21 June 2011 (student status) I did not require CSI during my time at school/college/uni.

If anyone else is in the same boat, it might be worth reading through this (Annex B in particular):

http://webarchive.nationalarchives.gov. ... iew=Binary

[Bkholfy]

- EEA national (A8 to be precise)
- Arrived in UK in 2006. Being only 13y/o I joined halfway through Yr9, finished secondary school, followed by college (a-levels 2009-2011) and then uni (2011-2016)
- Registration Certificate issued in July 2008
- Worked PT while in FT education (2008 onwards with some breaks in between jobs)
- Since graduating last summer I am now working FT

I spoke to HO a couple of months ago and they informed me that due to the fact that my RC was issued before 21 June 2011 I did not require CSI during my time at school/college/uni. They said because I was only 16, I would have been issued with a student status RC.

I applied for the PR card in April and got this email today:

Dear xxx,

I am the case worker currently working on your application for permanent residency.

After looking at your case and speaking to senior case workers, I am unfortunately not able to issue you with permanent residency. I am unable to issue you as a student and also as a worker.

I am unable to issue you as a student due to the fact that you did not hold any comprehensive medical insurance. As stated in your application, I can see that you were issued a registration certificate in 2008 however, you were issued this on the back of your father and not as a student. As this is the case I can not issue your application based on you being a student as you did not have any comprehensive sickness insurance.

I am unable to issue you with permanent residency based on you being a worker as you did not register for WRS (worker registration scheme). For any time frame before 31/4/11 to count towards permanent residency as a worker you would have had to have registered under this scheme. From 1/5/11 you have not worked continuously for 5 years. You state in your application that you stopped working at xxx Ltd September 2015 and did not work again until October 2016 for xxx.

Due to all of this I am unable to issue you with permanent residency. I am however, able to offer to change you application to a registration certificate at no extra charge.

Please respond to this email with confirmation that you would like to be issued with a Registration certificate by 3/7/17 at the latest, or your application will be decided on the evidence provided and may fall for refusal.

Thanks
____

Can someone please help me with regards to above? What do they mean that I was issued my RC on the back of my father and not as a student? When I spoke to HO they said I wouldn't have needed CSI anyway, as I was only 13 when I moved here and in secondary education.

Also, th case worker states that they can change my application to residency certificate, while a few paragraphs up they state that I was issued my residency certificate in 2008 - am I missing something?

Thank you in advance!

[Bkholfy]

I was under impression that I gained PR status 5 years after I moved here

A commonly held misconception.

However all is not lost.

Presumably, when you moved here at the age of 13, you moved here with one or both of your parents. If they exercised treaty rights (or held PR) in the UK for any five continuous years in the UK while you were under the age of 21, you would have acquired PR as the dependent of such a person.

You should be able to apply for the DCPR with proof of the parent's exercise of treaty rights.

Secret.simon - would it be worth responding to that email and mentioning the above? My dad has been working FT at the same workplace since the day we landed in the UK, had a WRS etc so he was definitely exercising treaty rights.