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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I'm currently a student from Cyprus and been studying an

Resolved Question:

I'm currently a student from Cyprus and been studying an undergraduate degree in the UK since 2013 and expecting to finish July 2017. I am intended to stay here and work/do postgraduate after uni. I don't have an EHIC card and only got private insurance 2 days ago.1.Am I considered a legal UK resident regardless of the insurance problem?2.If EU nationals were to given permanent residency, would that include me?3. I'm a gay male living with my partner and we just signed a 2 year lease to live together. In case of losing my right to live and work here can I apply to remain with family? (in our case unmarried partners).I am aware that nothing is definite as the Brexit negotiations haven't even started yet and all I'm looking for is a professional opinion.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

What nationality is your partner please?

How long have you lived together in the same accomodation please?

Does he earn more than £18600 per annum from employment?/

Tom

Customer: replied 1 year ago.
He is British and we moved in together at the beginning this month. He earns approximetaly 19500 per year.
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now.

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

As a student you are required to have comprehensive sickness insurance. If you have not had this until 2 days ago, then the time you have spent in the UK up until 2 days ago will not count towards permanent residence (which is what you get after 5 years).

So, assuming there are no changes as a result of Brexit, you will qualify for PR 5 years from two days ago provided that you continue to exercise your treaty rights in the UK.

It is unlikely that final Brexit arrangements will deny EEA nationals already in the UK the right to stay in the UK until they reach 5 years and qualify for PR.

In the very unlikely event that this right is denied to eea nationals as a result of the final Brexit agreement with the EU, you would probably be able to secure you leave to remain on the basis of being an unmarried partner if you have lived together for 2 years at the point at which you apply. The government webpage on this is here:

https://www.gov.uk/join-family-in-uk/eligibility

In the event that the Brexit arrangements deny the right for eea nationals to stay in the UK for a sufficient time to allow them to apply for PR AND at this point you have not lived together for 2 years then you would have to carry out a civil partnership with your partner and then apply on this basis because you must be cohabiting with your unmarried partner for 2 years to legally be regarded as “unmarried partners” for the purpose of obtaining a visa.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your help.
Expert:  Thomas replied 1 year ago.

You're welcome