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Qualifying Period Starting Date, For The Purposes Of Permanent Residence

Permanent Residence Qualifying Period Starting Date Settlement Student Dual National Treaty rights

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#1 browncat

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Posted 23 December 2012 - 02:07 PM

Backstory to the question:

- I hold dual nationality: Moldovan (non EU) and Romanian (EU), and am currently enrolled in an undergraduate university course.
- I started said course on the 25th of September 2010, under a 3-year T4 visa, using my Moldovan passport.
- In may 2011 I obtained my second nationality.
- Upon reentering the UK on the 24th of September 2011, I used the Moldovan passport and visa again, when going through border control, as I did not have the romanian passport on hand. (note: I did however hold the nationality at this point).
- Took comprehensive sickness insurance from a private firm on the 5th of October 2011, received new romanian passport by post over the course of the first term.
- Left the UK for Christmas using MD passport (to match the entry passport)
- Returned to the UK on the 7th of January 2012 using the Romanian passport and going through UK/EU customs. Henceforth, all my future travels involved the use of the romanian passport.


As to the questions:

1. For the purposes of PR, when does my qualifying period starts: on the 5th of October 2011 (took Health Insurance) or the 7th of January 2012 (first entry using EU passport)?
2. When answering question 8.1 in the EEA3 application form: :’’…Please give the date and place of your first arrival in the UK." Does this pertain to my entry as a EU citizen, a EU citizen using a EU passport or an earlier date?
3. For question 7.1 in the EEA3 application form: :’’… Please tick one or more of the boxes below to show the way(s) in which you/your EEA national has exercised Treaty rights for the past 5 years and give relevant dates." - If choosing the Student option, would the starting date be the 5th of October 2011 (EU, sickness insurance taken, but entry with a non EU passport) or the 7th of January 2012 (EU, insurance and entry with EU passport)? Or are they looking for the date when I started the course, all the way back in 2010?

Thanks in advance!!

Edited by browncat, 23 December 2012 - 02:23 PM.




#2 Mutly

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Posted 23 December 2012 - 02:32 PM

1. Your qualifying period started when you took out comprehensive sickness insurance, assuming you can prove that you had Romanian citizenship on that date as your passport was issued later, for eg. a citizenship certificate issued when the citizenship was acquired.

The absences and which passport you used don't matter as long as they don't exceed six months in any twelve month periods. However you'll need to submit both passports otherwise the first entry as wells as travel between acquisition of Romanian citizenship and use of the Romanian passport would be unexplained.

2. The question on the first arrival is meant literally, so when you arrived with the tier 4 visa. But you'll need to explain on the form when Romanian citizenship was acquired and that the five years being shown is from when the comprehensive sickness insurance was taken out and proof of Romanian citizenship on that date because the passport was received later.

3. Same as question 1. To be exercising treaty rights you need to be an EEA national, so the first possible date is when you became a Romanian citizen. As a student you also need comprehensive sickness insurance, so as it was acquired later, that's the date when you began exercising treaty rights.

The EEA3 form may change by the time you're eligible. In the meantine though it may be worth applying for a registration certificate as a student. Then the HO will then be aware of the above points (although you need to keep the documents for PR anyway) and you have proof yourself that the current right of residence is documented. It also allows employment for 20 hours a week during the semester and more in holidays, although if your tier 4 allows that anyway it's not an issue.

#3 browncat

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Posted 27 December 2012 - 12:48 PM

Thanks a lot! That has cleared most of my issues.





Also tagged with one or more of these keywords: Permanent Residence, Qualifying Period, Starting Date, Settlement, Student, Dual National, Treaty rights

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