Permanent Residence discretion - Just short of 5 years employment before becoming a student without CSI.

[alien_]

Hi there,

I'm looking for advice. I'm an EEA citizen who have been living continuously in the UK for over 10 years starting early 2008. I was employed between 2008-2012 (4yr 10mnths), then I went back to school from 2012-2016 then re-entered employment again in 2017 after graduating. Like others, I was unaware of the CSI requirement at the time so I don't hold any relevant agreement that covered me during my studies, which makes me about 60 days short on my 5 years continuous period before I started my studies.

My question is: Is there any discretion / tolerance regarding this qualifying period, that could apply in my case, or would being short of 5 years mean a guaranteed refusal? Is it worth trying to apply, or my best bet would be to wait for the new settled status and see what that entails? Could paying voluntary NI contribution for the 2012-13 period be a solution?

My main aim is to become a british citizen and I'm concerned by the lack of information on the citizenship application process with the new settled status - I'm worried it could mean additional years of waiting until I can get a british passport.

Thanks for reading, any answer is greatly appreciated!

[secret.simon]

Is there any discretion / tolerance regarding this qualifying period, that could apply in my case, or would being short of 5 years mean a guaranteed refusal?

It is not the Home Office that grants PR, it is EU law itself that does it. And the requirements of the law itself are quite clear. Therefore if you do not meet the requirements of the law, you do not have PR.

All that the Home Office do is certify that you have met the requirements of the law, which in this case, they can't (as you haven't met the law's requirement).

[alien_]

Thanks for the clarification secret.simon.

[Obie]

You may qualify based on the 2008-2012 , 4 years 10 months employment.

The 2-months may well be ignored. Furthermore your course may well be classified as vocational training.