Monifé wrote:Hi guys,
Applying for a Permanent Residence Certificate soon. I am a British Citizen(soon to hold British passport) by descent, also an Irish Citizen.
I am a student, just wondering do I need to apply for private health insurance? I currently have a medical card.
Also, what documents do I need to provide with the application?
It only has employee details on the form.
Thanks in advance
![Smile :)](./images/smilies/icon_smile.gif)
What's the story with the British Nationality laws in relation to nationality by decent? Are you, like in Irish Nationality laws, British as of birth/automatically where a parent or grandparent is British. I know under Irish Nationality laws, you don't need to actually get a passport in order to prove your Irish. (
(You will be aware how complicated the laws are in relation to Ireland and Republic considering it was once in the Empire/Commonwealth)
Anway, you are absolutely definite that you are a British National (please, sorry, I am assuming that you were born in Ireland, so sorry if this looks stupid - maybe the proper question should be how did you get British Nationality by decent)
For Permanent Residency, you will have to show proof that you have exercised your Treaty Rights as a British National in this State for the past 5 years. Documents include p60's, payslips, p21's, letters from all employers. Alternatively, proof of you being a student/or attending school in Ireland for past 5 years. You will normally require recent back statements, letter from landlords (to proove residence, note your passport won't say anything as they are not allowed to put any endoresement on same) Bascially a history of what you have been doing for past 5 years.
Permanent Residency requires, as seen in the preamble, a continous period of exercising your EU Treaty Rights as contained in Articles 6,7,12,13 and 14. Once you have complied with artilces 7, then and only then can you avail of the right to apply for permanent residency, which then is automatic.
Artilce 7 says
All Union citizens shall have the right of residence on the
territory of another Member State for a period of longer than
three months if they:
(a) are workers or self-employed persons in the host Member
State; or
(b) have sufficient resources for themselves and their family
members not to become a burden on the social assistance
system of the host Member State during their period of
residence and have comprehensive sickness insurance cover
in the host Member State; or
29.6.2004 EN Official Journal of the European Union L 229/39
(c) are enrolled at a private or public establishment,
accredited
or financed by the host Member State on the basis
of its legislation or administrative practice, for the principal
purpose of following a course of study, including
vocational training; and
—
have comprehensive sickness insurance cover in the
host Member State and assure the relevant national
authority, by means of a declaration or by such equivalent
means as they may choose, that they have sufficient
resources for themselves and their family members not
to become a burden on the social assistance system of
the host Member State during their period of residence;
(d) are family members accompanying or joining a Union
citizen who satisfies the conditions referred to in points (a),
(b) or (c).
2. The right of residence provided for in paragraph 1 shall
extend to family members who are
not nationals of a Member State, accompanying or joining the Union citizen in the host
Member State,
provided that such Union citizen satisfies the
conditions referred to in paragraph 1(a), (b) or (c).3.
For the purposes of paragraph 1(a), a Union citizen who
is no longer a worker or self-employed person
shall retain the
status of worker or self-employed person in the following
circumstances:
(a) he/she is temporarily unable to work as the result of an
illness or accident;
(b) he/she is in duly recorded involuntary unemployment after
having been employed for more than one year and has
registered as a job-seeker with the relevant employment
office;
(c) he/she is in duly recorded involuntary unemployment after
completing a fixed-term employment contract of less than
a year or after having become involuntarily unemployed
during the first twelve months and has registered as a jobseeker
with the relevant employment office. In this case,
the status of worker shall be retained for no less than six
months;
(d)
he/she embarks on vocational training. Unless he/she is
involuntarily unemployed, the retention of the status of
worker shall require the training to be related to the
previous employment.4. By way of derogation from paragraphs 1(d) and 2 above, only the spouse, the registered partner provided for in Article2(2)(b) and dependent children shall have the right of residence
as family members of a Union citizen meeting the conditions
under 1(c) above. Article 3(2) shall apply to his/her dependent
direct relatives in the ascending lines and those of his/her
spouse or registered partner.
Relevant provisions in relation to Permanent Residency are Artilce 16 and 17.
So the first question is, can you say for certain, that you have exercised your EU Treaty Rights as a British National for the past 5 years?