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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
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Experience:  English solicitor with over 12 years experience
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there, I am an EEA national (Portuguese) I have been

Resolved Question:

there,
I am an EEA national (Portuguese) I have been resident in the UK since 2003 at the age of 10. total of 12 years now, I am now 22. I am currently in the process of applying citizenship through naturalisation.
I have attended high school in Scotland 2004 - 2009 achieving my GCSE's. From there I have been in full time employment and currently studying a HNC course at college. I have not left the UK 6 months or 90 days at any point during this period.
Although I have been in full time education majority of the time do I qualify permanent residence? Or must I apply first?
My second query: I achieved a Higher English certificate at High School awarded by the SQA. Does this meet the English language requirement or do I still have to complete an ESOL course? I hoped my higher English certificate would suffice as it clearly shows I have studied English throughout high school.
Thank You
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
,
You will automatically qualify residency as you have been exercising treaty rights than 5 years. Note that the correct phrase is permanent residency in your case, not ILR which applies under domestic UK immigration laws, not EEA laws.
You need to pass an English test, see here options
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/368123/Approved_secure_English_language_tests_-_updated_November_2014.pdf
All the best
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