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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am an EU citizen wanting to apply permanent residency

Resolved Question:

I am an EU citizen wanting to apply for a permanent residency status as the unmarried partner of a British citizen - the guidelines are not very clear on how long I need to have been in a relationship with my partner before I become eligible. Could you please advise on what is the required length of the relationship and what type of evidence is required. Many thanks!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks for your question. You have said you are an EU citizen, What nationality are you please?How long have you been in the UK please and have you worked for the duration of the time you have been in the UK?Kind regards,Tom
Customer: replied 1 year ago.
Hi Tom,
I am a Romanian national.I have been in the UK since 2009 - I have been a student since Sep 2009 until June 2013 (however that is not a qualifying period as I did not have comprehensive sickness insurance - It was not a requirement back in 2009, the insurance only became compulsory afterwards).I have been working since June 2011 until end of Oct 2013 (in accordance with my work permit regulations on the basis that I was a studnet). I have then had a period of being self-sufficient of 1 1/2 months (again without realising that sickness insurance was a requirement of self-sufficiency).I have been in full-time employment since January 2014 until present.I know I cannot apply for a permanent residency status just on the above basis - not having comprehensive sickness insurance for my time as a student and self-sufficient person disqualifies me.Would it still be possible to apply on the basis of being the unmarried partner of a British citizen if we have been in a permanent relationship for more than 2 years? What are the requirements for applying on this basis?
Expert:  Thomas replied 1 year ago.
HiThanks. I will be able to answer at 9 45 am.Tom
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.I am not convinced that it would not be best thing for you to do to switch to a visa on the basis that you are an unmarried partner. In order to qualify as an unmarried partner you have to demonstrate that you have been co-habiting in the same accommodation with your partner for a period of two years. If you do not meet this requirement then you cannot apply anyway. Even if you do meet the two co-habitation requirements it would probably still not be sensible for you to apply to switch to this visa. The reason is that you would only be able to apply for indefinite leave to remain after you have been on this visa for 5 years, so there would be a lapse of time until you actually obtained the visa and then you would have to wait 5 years. I accept of course that your period of time without comprehensive sickness insurance during the time you have been here as a EEA citizen prevents the period of time you did not have insurance to counting towards permanent residence. However, if you have subsequently obtained comprehensive insurance and have worked since you obtained it then your qualifying period for permanent residence under the EEA rules should start from the date you obtained comprehensive insurance. On this basis, you would qualify for permanent residence 5 years after you obtained comprehensive sickness insurance provided that you have exercised your treaty rights by working in the UK since this time. So, it would seem that by proceeding in this way you will reach eligibility for permanent residence under the EEA rules sooner than you would if you switched to an unmarried partner visa. This is probably what you should do. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 1 year ago.
Hi Tom, thank you very much for your reply. Just to clarify - do I need sickness insurance even for the period of time that I am working? I though that the insurance was only a requirement if you were a student or a self-sufficient person?I have been working continuously since January 2014 - are the last 2 years not a qualifying period because I didn't have the insurance even if I was employed and paying my tax contribution?
Expert:  Thomas replied 1 year ago.
Hi, You would need it even if you were working I'm afraid. I would expect that it would not count, so the quickest way to get PR is to obtain insurance now and then apply in five years time. Please remember to leave feedback.Tom
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