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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10262
Experience:  Barrister 17 years experience
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I am a 75 yrs-old EU citizen, retired uni professor from U

Customer Question

I am a 75 yrs-old EU citizen, retired uni professor from U of Khartoum and U of Wales (Bangor), widowed with two British citizen children. Since 1997/8 until 2001 I was Academic Visitor and worked in UK, then I was visiting for 3-6 months until 2006 and with
a visa, and since 2008 I moved in with my children permanently. I have a small private pension from U. of Wales and three years ago I got a pension credit and I work o- hours as freelance interpreter/translator for the public sector with two agencies. With the present new situation with EU I wonder how to get British citizenship or Indefinite Leave to stay in order to be able to travel abroad.
Submitted: 5 months ago.
Category: Law
Expert:  Buachaill replied 5 months ago.

1. You should apply for Indefinite Leave to Remain based on your five years continuous residence in the UK. So long as you had a visa which allowed you to live and work in the UK, you can apply for Indefinite Leave to Remain. Once you have Indefinite Leave to Remain for a period of one year, you can then apply for UK citizenship.

Expert:  Buachaill replied 5 months ago.

2. Here is a link to the UK Government website which sets out how to apply for Indefinite Leave to Remain https://www.gov.uk/settle-in-the-uk.

Expert:  Buachaill replied 5 months ago.

3. 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: 10262
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you for the above information.
I would like to draw to your attention the following points:-
1. I am a widow since 1996 and was retired at the age of 65 in 2006. My only family are my two grown up children both of whom live and work in the UK.
2. Since 2007, as a Bulgarian and EU national, I did not need a visa to visit or stay in the UK. I have worked as a freelance interpreter and translator since 2013 to date.
3. I have been living since 2007 with my daughter, a doctor, who has lived and worked in the UK for the past 25 years and became a UK citizen in 2004.
4. My son is a UK citizen too since about 2008/9; he is married and has a 5 years old daughter and two step children.
5. In 2013, I applied for Pension Credit. I was granted this on 12th December 2013 by the EU Team in the Pension Service. The letter that I received is the only document that I have in which it is stated that I have a “right to reside in the UK and can be treated as a habitually resident from 23/8/2013 because she is a qualified person as defined by regulation 6(1)(c) of the Immigration (European Economic Area Regulations 2006” and “regulation 2(1)(a) and (2) of The State Pension Credit Regulations 2002.
In view of the above, I am not clear if there is anything additional that I will need in order apply for Indefinite Leave to Remain in the UK with my only family. The only time that I had to have a visa and work permit was as an Academic Visitor, 1997-2001 in the University of Wales (Bangor).Please advise.
Customer: replied 5 months ago.
Thank you for your advise, but I cannot follow it as the only time that I had to have a visa and work permit as an Academic Visitor, 1997-2001 in the University of Wales (Bangor). I am a widow since 1996 and was retired at the age of 65 in 2006. My only family are my two grown up children both of whom live and work in the UK since 22-25 years and are British nationals.
Since 2001 until 2007 I used to visit them on 6 months visitors visa. Since 2007, as a Bulgarian and EU national, I did not need a visa to visit or stay in the UK with my daughter, a doctor. I have worked as a freelance interpreter/translator since 2013 to date. In 2013 I applied for pension credit and it was granted and the only document that I have in which it is stated that I have a "right to reside in the UK and can be treated as a habitually resident from 23/8/2013 because she is a qualified person as defined by regulation 6(1)(c) of the Immigration (European Economic Area Regulations 2006" and "regulation 2(1)(a) and (2)of the State Pension Credit Regulations 2002".
In view of the above, I am not clear if the above document is the prove of my residence status for applying for Indefinite Leave to Remain in the UK with my only family?
According to Gov.UK "EU nationals who have lived continuously and lawfully in the UK for at least 5 years automatically have a permanent right to reside. This means that they have a right to live in the UK permanently, in accordance with EU Law. There is no requirement to register for documentation to confirm this status". Furthermore " EU nationals who have lived continuously and lawfully in the UK for at least 6 years are eligible to apply for British citizenship if they like to do so".
How in my case I can apply for this without document of residence?
Customer: replied 5 months ago.
Why you ask for rating without answering fully my question
Expert:  Buachaill replied 5 months ago.

4. You can go direct to citizenship if you wish simply by getting a Permanent Residence card and holding this for a year. Then at the end of the year, you can make a UK citizenship application. Here is a link to the form for applying for the Permanent Residence card https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr. This avoids applying for Indefinite Leave to Remain and you simply apply for UK citizenship after a one year period.

Expert:  Buachaill replied 5 months ago.

5. I have read your work and pension history. However, you can aim to get citizenship after one year holding the Permanent Residence card. This is the most direct route to permanently staying in the UK.

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