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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10414
Experience:  Barrister 17 years experience
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I am a Bulgarian and I've been studying 2 years in a

Customer Question

Hello.
I am a Bulgarian and I've been studying 2 years in a college, and I have the 'Yellow Card' for that, and working as a self-employed for 4 years after that.
Do I need to apply for Residence Permit, Permanent Residence Card or for a Passport, if I want to remain in the UK after they leave the EU. And Can I apply straight for a passport?
Thank you!
Submitted: 9 months ago.
Category: Law
Expert:  Buachaill replied 9 months ago.

1. The first thing you need to do is to apply for a Permanent Residence Card. You will need one for 12 months before you make an application for British citizenship and a passport. In order to definitely stay in the UK after Britain leaves the UK you will need a passport. However, you need to be lawfully resident for five years, not including time spent as a student, in order to apply for British citizenship.

Expert:  Buachaill replied 9 months ago.

2. So, the two years you spent studying in a college, if you were a full time student, will not count towards the five years lawful residence. So, if you were studying full time for two years, you now only have been four years in the UK which will count towards getting citizenship. However, if you get a permanent residence card, you will need 12 months on it before you apply for citizenship.

Expert:  Buachaill replied 9 months ago.

3. Here is a link to applying for a permanent residence card on the UK Government website https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card. Be aware additionally, that you will have to have been paying National Insurance for the five years you were resident here, or else you will have to have had private health insurance. Be aware that your two years as a student can count towards the necessary five years, if you had private health insurance during this time period. So, this is an important point.

Expert:  Buachaill replied 9 months ago.

4. Please Rate the answer as unless you rate the answer your expert will receive no payment for answering your question.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10414
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
I was a full time student for the 2 years and unfortunately I didn't had a health insurance (no one asked me to have one), but my mother was working full time ( with a blue card and than purple) at the time, and in my application for Yellow Card I put her as a sponsor. And indeed she was supporting me trough that period. I read somewhere that if I'm a family member of a person who pays tax it includes me as well. Is that true and if it is how can I describe all this in the PR application? If not, is there any way I can make those 2 years in college count for example by obtaining a private health insurance now for that period or any other way?
Expert:  Buachaill replied 9 months ago.

5. I have never heard of any principle that if someone pays tax it includes someone else. The issue is not tax, but National Insurance contributions. Your Mum paying National Insurance contributions will never include you. Secondly, the Visas & Immigration department never allow someone to purchase health insurance cover retrospectively. So, this is not an option. I know of no other way you can get this health cover if you didn't have it at the time.

Customer: replied 9 months ago.
Just one last clarification as it got very complicated.
So now I just have 4 years working as a self-employed which count. Can I apply for PR?
Expert:  Buachaill replied 9 months ago.

6. You now need to apply for a Permanent Residence Card. You will hold this for one year and then apply for citizenship in one year's time, after you have had the Permanent Residence card for one year.

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