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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Permanent Residency

Resolved Question:

If you have been working for 12 years within the EU UK and Holland, is it possible to apply for a resident permit in the UK? I am on an adult student visa right now. I also had till last year a permanent residency visa in the Netherlands from 2006 till 2010.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. How did you obtain PR in Netherlands? By virtue of marriage to an EEA citizen?
  • 2. When did you arrive in the UK

Kind regards.

Tom

 

Customer: replied 3 years ago.
Hi Tom, thanks for your reply.

I first came to London in 1996 with a scholarship to the Royal Ballet school. From 1997 till 2001 i was employed full time by The Birmingham Royal Ballet where I worked till June 2001. In August 2001 I moved to the Netherlands where I worked full time with the Dutch National Ballet till July 2009, so that is how I obtained the PR in Holland. Since September 2009 I have moved back to the UK with a 3 year student visa, which expires September next year.
Last September I lost my PR in the Netherlands because I don't live there anymore.
The reason why I did not apply for the Dutch Citizenship was because when I could apply for it, the Netherlands changed their immigration laws and in my case I would have to give up my Brazilian citizenship and I chose not to do that since my all family is based in Brazil and if one day I want to live there again I would have to go to my own country as an immigrant.

I hope this extra information will help you to guide me and see the possibilities to remain here in the UK after I finish my BA degree in hospitality.

I look forward to hear from you soon,

Kind regards,

Jonatas
Expert:  Thomas replied 3 years ago.

Hi Jonatas,

 

Thanks for your question.

 

I'm afraid that your period of residency in the Netherlands cannot transfer here for the purpose of you obtaining ILR (ie. permanent residence). It is separate.

 

Similarly, when you left the UK previously your period of residency was broken This means that it cannot count towards a period of residency now to obtain ILR (permanent residence) unfortunately. When you arrived back in the UK a new period of residency started, but there is no provision for students to gain ILR.

 

Instead they must apply under the long residence rules, to do this you must have 10 years residency in the UK.

 

If you wish to stay in the UK post study you must either apply for a post study work visa which is available until April 2012:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf25pbspoststudywork

Or under the sponsored skilled workers provision:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf26pbsskilledworker

 

Sorry it could not be better news.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

 

Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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