PR certificate application - second attempt

Hello,

I am currently in the process of filling out the EEA(PR) application, although I know it's not mandatory to use it, I am slightly confused about some of the questions and whether I actually fulfill the requirements.

I am a Polish national and moved here with my parents (who both registered with WRS) in August 2007 at the age of 15. I was a secondary school student and started a weekend job to get some extra pocket money in July 2008, which continued up until September 2011, before I moved to start university. I've never registered on the workers registration scheme, however I received payslips and P60s from that employment. Is there any way I would have been exempt from joining the scheme if I was a school pupil and it was a zero hour contact weekend job or does it not matter and I should have been registered regardless?

If indeed I should have been registered, should I just leave this employment out of the application, or should explain it, as I was never asked to register when I started this job?

My other questions is about comprehensive sickness insurance. I've been working continuously since before I started university and I posses the UK European health insurance card. What do I say in the application about my health insurance then? I have never worked in Poland, therefore were never insured by an employer to get the Polish EHIC card. Would I just be covered by National Insurance payed during my emplymet while I was at univeristy?

Thank you in advance for any comments and advice.

You can probably get a document certifying permanent residence (DCPR) as a family member of either your father or your mother. If either of them qualified for permanent residence before you reached the age of 21, so did you.

Not sure if there were any exemptions but normally work wouldn't have counted towards PR unless you were registered. The WRS was abolished in May 2011 so you could have exercised treaty rights as a worker only from then.

As a student you need private health insurance, or else studying doesn't count as exercising treaty rights. If you didn't have a non-UK EHIC you could check with the Polish government if they could provide you with a letter confirming whether you were covered. The NHS doesn't count but you may be exempt through the transitional arrangements if you had a Residence Card issued to you as a student before 2011.

Maybe it would be easier to claim PR as a dependent of your parents when you were 15-20years old? As long as they were working continuously and correctly registered with the WRS this should be the easiest way to obtain confirmation of PR...

Richard W wrote:You can probably get a document certifying permanent residence (DCPR) as a family member of either your father or your mother. If either of them qualified for permanent residence before you reached the age of 21, so did you.

My mother moved to the UK in December 2005, she registered with WRS in March 2006, so she would have lived in the UK for 7 years when I turned 21 (March 2013), which would qualify her for permanent residence, however she never applied for the DCPR. Should I apply as her dependent, although I have stopped being her dependent in September 2011 when I moved out, started another job and begun university?

I found a document from ILPA centre which states:

This note covers the requirement that self-sufficient EEA nationals and EEA national students have
comprehensive sickness insurance cover. It discusses the conflicting UK case law on whether NHS cover is
sufficient and the recent infringement proceedings that the European Commission has taken against the UK
to establish that NHS cover is indeed sufficient.
Background
Under Article 7(1)(b) of Directive 2004/38, the UK is allowed to require EEA nationals exercising residence
rights in the UK based on self-sufficiency to provide proof of comprehensive sickness insurance cover for
themselves and their family members. The same is true for EEA nationals who are exercising a right to
reside based solely on being a student (Article 7(1)(c)).

I worked and paid NI continuously throughout university and had the UK EHIC card, would that not be enough to cover my health insurance? I don't understand why I would have to be covered by Polish government or a private insurance if I worked and paid my contribution like any other UK citizen.

Many thanks for your advice.

You remain her dependent until you turn 21, whether or not you lived with her doesn't matter. Best to apply as her dependent and provide evidence of her exercising treaty rights for 5 continuous years (eg 5xp60) before you turned 21, along with evidence of WRS registration, evidence of residence and evidence of your relationship and identity/EEA nationality.

If one is only a student, CSI or a non-UK EHIC is definitely required unless the transitional arrangements can be invoked. However, if someone was working and the work was genuine and effective not just marginal then they could claim as a worker and would therefore not need CSI.

LilyLalilu wrote:You remain her dependent until you turn 21, whether or not you lived with her doesn't matter. Best to apply as her dependent and provide evidence of her exercising treaty rights for 5 continuous years (eg 5xp60) before you turned 21, along with evidence of WRS registration, evidence of residence and evidence of your relationship and identity/EEA nationality.

If one is only a student, CSI or a non-UK EHIC is definitely required unless the transitional arrangements can be invoked. However, if someone was working and the work was genuine and effective not just marginal then they could claim as a worker and would therefore not need CSI.

Does it matter that I am now 24 and applying based on a period before I turned 21?

I have contracts, payslips, P60s and bank statements to prove that I was legally employed during that time (October 2011 - June 2014). I worked around 15-20h per week and supported myself on my wages and a student maintenance loan+grant. Would that be enough?

Many thanks.

martyna92 wrote:Does it matter that I am now 24 and applying based on a period before I turned 21?

Not at all.

I am 26 now and applied based on the period 2007-2012

So which application did you fill out? If I fill it out as a dependent, there is only an option to fill out as a 21 year old or under or a 21 year old or over who's still dependent. I'm neither of those.

I know my mother wants to apply as well, so would it be better if she applied and added me to her application?
I just don't know which route would be the easiest!

Many thanks.

Hello everyone,

I am a Polish national and I've lived in the UK for over 9 years now. I was 15 when I moved here in 2007 and am now 25 yo. I originally applied together with my mother as her dependent, however I was refused due to lack of complete evidence. She received her PR certificate in October 2016.

I have now decided to apply on my own, but this is where it's been tricky for me. I finished my A Levels in 2011 and started my undergraduate degree in October 2011. I've also worked part time since September 2011 along with my studies. I worked part time continuously till I graduated in November 2014. I then started working full time. I did not have a Polish EHIC card or any other health insurance when I was a student, because I simply didn't know I had to, which means I cannot apply as a student or a self-sufficient person. I've called HO Visa & Immigration department and they said that I cannot apply as a worker either, because I worked part time. However, would that also be the case if I worked continuously, even if it was part time? I have P60s and payslips to prove that I was working.

My other issue is the fact that if I didn't have a comprehensive health cover I can't mention that I was a student, although my student maintenance loan and grant were helping with my living expenses, which is why I was able to support myself while working part time. Will they question my earnings not being sufficient enough to support myself?

I was thinking of applying again as my mother's dependent, but then would I fill in the application retrospectively and say that I was under 21? When I had a look at the application it asks for evidence of money transfers etc. to prove dependency, but if I was applying retrospectively when we lived together and my mother was responsible for paying rent, bills, etc. would I still need to prove it?

I am so confused about what to do. I've been working full time for 2 years now, so I guess I can wait another 3 years to apply as a worker, but that's not really an option for me, as I wanted to apply before Brexit kicked in.

Any advice would be very much appreciated!

Hello again,

I've just been reading the Treaty Rights and came across this:

Students
7.1 This category applies only to children born after 30 June 1992. A student is a person
who is enrolled at a public or private establishment for the purpose of following a course of
study, including vocational training. If the parent claims to be a student, they should
provide evidence of enrolment; this could be in a form of a letter from the college. They
should also provide evidence of funds- either proof of funds, for example, bank statements
or a declaration or equivalent which gives evidence that they (or any family member) have
sufficient resources not to become a burden on the benefit system in the UK.

I was born in March 1992. What does it mean in this case? the same "This category applies only to children born after 30 June 1992" was written under Self-Sufficient category. If these Treaty Rights do not apply to me, does it mean I don't need to have a comprehensive health insurance to apply for PR certificate?

Any advice would be much apprecieted!