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Confused - absences needed for all years or just last 5 year

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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HurdyGurdy
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Confused - absences needed for all years or just last 5 year

Post by HurdyGurdy » Wed Jan 04, 2017 10:45 pm

Hi,

First of all thanks for all the great advice on these boards and help from everyone!

About to send in my application which is pretty straight forward, having arrived 22 years ago for masters and then straight on to full time employment since with not gaps.

I have all the letters from employers and stamped P60's etc ( funny how all firms go electronic and then home office wants a paper copy !!)

The only question I have is re absences. To simplify I am just going to claim qualifying period to start from 1 Jan 2011 till 1 Jan 2016 and show evidence of residency/ work for last 6 years. However having arrived here in 1996, assume I will have to put arrival date as of then.

Wrt. listed absences noticed different advice where some state you only need to do so for qualifying period and not for all years since arrival ? Is that now the common understanding ?

Thanks !

noajthan
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Re: Confused - absences needed for all years or just last 5

Post by noajthan » Wed Jan 04, 2017 11:58 pm

The point is online docs are readily manipulated. Paper originals are not.

You are confusing AN application with a visa or PR application.
It is neither. Certainly not a rerun of PR confirmation.

Simply provide evidence for past 5 / 10 years as requested - from date of application, eg NCS interview date.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

HurdyGurdy
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Re: Confused - absences needed for all years or just last 5

Post by HurdyGurdy » Thu Jan 05, 2017 12:20 am

noajthan wrote:The point is online docs are readily manipulated.

You are confusing AN application with a visa or PR application.
It is neither. Certainly not a rerun of PR.

Simply provide evidence for past 5 / 10 years as requested - from date of application.
Sorry realised I totally forgot to add the key info. Am Benelux citizen so just want to get my PR sorted out so I can get dual citizenship process going. Should have started it before the PR Card shenanigans started last year but hey it is what it is ! (Not sure what AN means though)

But sounds good - 5 years since start of qualifying residence should be easy!

noajthan
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Re: Confused - absences needed for all years or just last 5

Post by noajthan » Thu Jan 05, 2017 12:25 am

HurdyGurdy wrote:
noajthan wrote:The point is online docs are readily manipulated.

You are confusing AN application with a visa or PR application.
It is neither. Certainly not a rerun of PR.

Simply provide evidence for past 5 / 10 years as requested - from date of application.
Sorry realised I totally forgot to add the key info. Am Benelux citizen so just want to get my PR sorted out so I can get dual citizenship process going. Should have started it before the PR Card shenanigans started last year but hey it is what it is ! (Not sure what AN means though)

But sounds good - 5 years since start of qualifying residence should be easy!
I thought you were asking about naturalisation (AN).

In that case, DCPR is not just about last 5 years.
Just fill in details of all activities and timelines since entry to UK. Support with good evidence.
Caseworker will figure it out, they do it day in and day out.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

HurdyGurdy
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Re: Confused - absences needed for all years or just last 5

Post by HurdyGurdy » Thu Jan 05, 2017 12:32 am

Hmm that is worrying me as seems to be counterintuitive to what I read before even on these forums.
So it is easier for someone who arrived more recently that someone who has been here for ever.

There is no way I have payslips, utility bills or bank statements or absence data going back that long and whilst I have a letter of employment from all my employers going back to day one that sounds not sufficient.

Why would one need to prove residency for the period before five year of qualifying ? Or did I misread your suggestion and should we fill in all periods but only evidence the last five years ?

Sorry - I was so convinced I finally got the hang of this and your response really threw me :cry:

Note I based my thinking on this post from earlier in the forum
http://www.immigrationboards.com/eea-ro ... l#p1289439

Which states :
Yes, you can choose the relevant qualifying period; any 5-year period of continuously exercising treaty rights counts for the purpose of acquiring PR.
When you complete the form, just be very clear which period you are basing your PR on and supply evidence for this period only.

noajthan
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Re: Confused - absences needed for all years or just last 5

Post by noajthan » Thu Jan 05, 2017 12:41 am

HurdyGurdy wrote:Hmm that is worrying me as seems to be counterintuitive to what I read before even on these forums.
So it is easier for someone who arrived more recently that someone who has been here for ever.

There is no way I have payslips, utility bills or bank statements or absence data going back that long and whilst I have a letter of employment from all my employers going back to day one that sounds not sufficient.

Why would one need to prove residency for the period before five year of qualifying ? Or did I misread your suggestion and should we fill in all periods but only evidence the last five years ?

Sorry - I was so convinced I finally got the hang of this and your response really threw me :cry:
Its not 'easier'. Someone who has been in UK for only 5 years may not even have been a valid qualified person. #fail.
The longer someone has been in UK the more chance there is that they have a continuous period of exercising treaty rights for 5 years.

How would you even know your qualifying period?
And note there is no such question on the form.

So simply provide evidence of all activity that you can and detail the timelines - for every category of qualified person you fall into - as per the form.
Caseworker will weigh up and assess the case and decide if she can confirm your PR status.

Obviously if a certain period is patchy it will fall by the wayside and be disregarded. There's no punishment for that.
A stronger period will then cover you (if you have one).

Then move on to naturalisation once you have DCPR in the bag.
But probably a good idea to look ahead to the requirements even now, just to make sure you are generating that (different) papertrail.
See form AN.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

HurdyGurdy
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Re: Confused - absences needed for all years or just last 5

Post by HurdyGurdy » Thu Jan 05, 2017 12:55 am

Thanks for all the info, will take under advisement. I am concerned though it contradicts to the linked post in my earlier reply which states to pick a specific period and provide evidence for that period only.

I guess you do run a risk of no fallback if there is something wrong with that selected period and hence taking the broader approach helps in that aspect.

Thanks again!

vinny
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Re: Confused - absences needed for all years or just last 5

Post by vinny » Thu Jan 05, 2017 1:34 am

I believe that you may choose any five years to show you have been exercising treaty rights to acquire PR. However, subsequently, you should also show that you haven't been absent for more than two years continuously.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
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Re: Confused - absences needed for all years or just last 5

Post by noajthan » Thu Jan 05, 2017 9:04 am

HurdyGurdy wrote:Thanks for all the info, will take under advisement. I am concerned though it contradicts to the linked post in my earlier reply which states to pick a specific period and provide evidence for that period only.

I guess you do run a risk of no fallback if there is something wrong with that selected period and hence taking the broader approach helps in that aspect.

Thanks again!
That link is to someone else's opinion.
That is not guidance let alone the law.

There is no question such as: what is your one qualifying period.
There is no associated guidance on how to choose period in order to answer that (hypothetical) question.

If not an EEA immigration expert, how would you even know.
Get it wrong and be refused; that is reported quite often.

If you look at the form you see it asks for all details of all activities 'for ever'.
Caseworker sorts it out.
That's their job, bless their Civil Service issue cotton socks.
you do run a risk of no fallback if there is something wrong with that selected period and hence taking the broader approach helps in that aspect.
Exactly.

Yes you can help by enclosing a cogent support letter if you wish.
Its up to caseworker to weigh it up along with other facts and your documentary supporting evidence. Rock-solid evidence required.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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