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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10170
Experience:  Barrister 17 years experience
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National living in Uk since 2008, and currently hold

Customer Question

Hi,
I'm EEA national living in Uk since 2008, and currently hold residence documentation issued in november 2009 ( blue card Registration certificate with no restriction on employment in UK)
Employment history:
Sep 2008 to November 2009 part time work as I was studying
November 2009 to Dec 2010 full time (then went on maternity)
I was paid maternity 7 months ( till July 2011 )
I gave birth in March 2011
Jan 2014 to June 2014 worked part time
July 2014 till present I'm registered as self employed
I know I have to work 5 years in order to apply for permanent residence documentation.
Questions:
1- Maternity 7 months will count as working ?
2- 2 years,6 months I stayed next to my child to take care of her, this will count in my working years or not ?
not sure what to do and which form to use.
Submitted: 4 months ago.
Category: Law
Expert:  Buachaill replied 4 months ago.

1. Dear G, the answer to your first question is that your time spent on maternity leave will count towards the necessary five years continuous residence necessary to get UK citizenship. The answer to your second question is that the time you spent with your child will only count towards the five years continous residence if you had private health insurance whilst you were not working.

Expert:  Buachaill replied 4 months ago.

2. The need for private health insurance is that each EEA citizen living in the UK must not become a burden on the UK's NHS System. Instead they must be able to provide for their own health insurance. If you didn't have health insurance during this period, that time won't count towards the necessary five years. The requirement to work is merely that you are paying National Insurance and have health insurance as a worker.

Expert:  Buachaill replied 4 months ago.

3. Irrespective of whether you had health insurance or not, you now need to apply for a permanent Residence card. This is to show you have been living visa free for one year in the UK before you make your application for citizenship. Here is a link to the application form https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/505032/EEA_PR__03-16.pdf

Expert:  Buachaill replied 4 months ago.

4. Once you have the Permanent Residence card for one year, you can them make a citizenship application and gain Uk citizenship.

Expert:  Buachaill replied 4 months ago.

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

Customer: replied 4 months ago.
Hi,
Thanks for your reply.I did not have any private health insurance while not working thr 2 years and 6 months.may I know on which basis you mentioned I can apply for permanent Residence card ?I have been living in UK continuous more than 5 years but not as qualified person’ as i mentioned before missing 2 years and 6 months.I do not want to make the form and lose application fees.
Expert:  Buachaill replied 4 months ago.

6. If you don't want to apply for the Permanent residence card, it makes little difference. A permanent residence card is simply evidence that you have been living in the Uk permanently. However, should you wish to apply for citizenship, you will need it. My own advice would be to simply apply for it, as you will need it ultimately anyway. However, if you don't want it, there is little difference in not having it if you aren't going to apply for citizenship. As you did not have private health insurance when you were not working, this 2.5 years will not count towards a citizenship application.

Customer: replied 4 months ago.
I'm not agreed with your answers and not sound correct at all, in your third answer (3) your said Irrespective of whether you had health insurance or not, you now need to apply for a permanent Residence card.I asked you on which basis you mentioned I can apply for permanent Residence card ?Then your answers are not correct at all, I will ask for refund.

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