HKG3

An interesting news article from the BBC -

EU citizens 'denied residency documents' - BBC News

In the case of Mr Strahlendorf, who lives in the UK since the age of 13 - could he not apply for ILR under the 10 years legal long residence route? I know it will cost him a lot more, but if it is reassurance that he is after, 10 years legal long residence route could be the best way for him.

not2old

From that link, so what is the issue, 'the rules are the rules'?

"EU citizens living in the UK say they are being denied a guarantee of permanent residency because they do not have health insurance.

Under a little-known rule, EU citizens not in work or those looking for work must buy comprehensive insurance.

One man told the Today programme his application had been rejected, despite living in the UK since the age of 13.

Peers are now trying to change the law. The Home Office said securing the status of EU migrants was a priority.

Since the referendum in June, many EU citizens have applied for documents guaranteeing the right to live permanently in the UK.

But the documents can only be obtained by migrants who have consistently either worked, sought work, or bought the insurance for five years.

The Home Office does not remove people for failing to buy insurance, but will not issue them with the guarantee of permanent residence.

Editha

Saying 'the rules are the rules' is callous and ridiculous. Frankly.

Pulaski

Not really, you can't just go around bending the rules because they seem harsh. If the rules aren't working properly, snagging unintended people, then maybe the rules need to be discussed and changed.

BritInParis

If Mr Strahlendorf graduated from LSE in 2012 and has been in full-time employment since then then he will qualify for EEA PR some time this year. He just needs to reapply.

Lots of these stories in the press at the moment and the overriding impression is that some otherwise very well educated people haven't bothered to check the basis on which they were allowed to live and work in the UK. If it wasn't for Brexit prompting them then they would still be none the wiser.

formula

Litlle known? It's been part of the EU Directive for over 12 years!

BristolUK

You seem confused.

That something has been in print (and other forms) for a few years does not necessarily make it well known.

It's not usual to know every word in a document. Just look at recent examples in the UK and the USA where extremely high ranking representatives have been unaware of certain matters.

formula

I'm not the one who is confused: it's the EEA citizens using treaty rights who didn't follow the EU Directive to be allowed to live in another EEA country lawfully. The UK enforced that Directive of 'a CSI needed for economically inactive EEA citizens' 7 years ago. I'm not sure how UK peers will be able to change EU Directives.


I doubt many were bothered before as the chances of getting caught for not being lawfully in the UK, were slim but Breixt has caught them out.

BristolUK

Because, by common consensus as indicated in media report after media report, of one little known part of a directive.

formula

That is for those who have lived in the UK lawfully for 10 years.

However, if one of this guys parents were an EEA citizen exercising treaty rights and in the UK lawfully from when he arrived for 5 years, then he can claim his EU PR through them as their direct family member. If he tried to claim PR through his own route as a student, then he needs a CSI for that time and this can be an EHIC from another country. His choice. If he got it wrong and can apply via a PR parent instead, then he applies again. Or as Brit said, use his own employment for 5 years for PR + 1. Any five years will do.

He either needs to read these EU UK rules which are published on the gov.uk site, pay a good solicitor who knows these rules or find a forum that knows these rules and can direct him to the relevant document on the gov.uk site. Years ago there were different rules for EEA citizens and they are all on the gov.uk site too.

formula

#fakenews

not2old

agree

again lower down in that BBC news piece

"Liberal Democrat, Labour and crossbench peers want to amend the bill to include a fast track procedure to give EU migrants a reassurance they can live in the UK.

The rule change would give people from the European Union, European Economic Area (EEA) and Switzerland the right to live permanently in the UK, without having to prove they bought insurance."

MP's or the "Peers", all puffing & blowing - so, get on with it if you really want to make the change, otherwise 'the rules are the rules' as they are right now

HKG3

Can MPs and Peers change an EU Directive?

Davita

Can UK retirees, without comprehensive medical insurance, be denied permanent residency in EU under the same rule?

BritInParis

That depends on the country in question. It's up to each member state to interpret and apply the rules as they see fit. Hence why you can still smoke in certain bars and restaurants in Germany but there is a blanket ban in the UK despite everyone apparently adhering to the same rules.