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EEA(PR) and the shorter application

Posted: Wed Sep 28, 2016 10:55 pm
by mia777
Hi! I am going to help my EEA partner apply for confirmation of PR.

Like many other posters I've found in the forum, she applied for a WRS certificate at some point but failed to apply again when she changed jobs. I was looking for information about what she should fill out in the sections that ask about her complete work history and about failing to reregister for WRS.

During my search I came across an application hosted on Dropbox (https://dl.dropboxusercontent.com/u/128 ... ple_v2.pdf) that combines an older EEA3 application with the current payment form.

It is much shorter but I have a few questions:
  • Is this form still valid?
  • Have any users actually on the forum successfully used it?
  • When the form asks for the dates of employment, does she just write the period after the WRS scheme ended? 1 May 2011 to the present day)?
  • Do the people that read these applications frown upon using forms like the one on Dropbox? Might it cause a delay?
Thanks!

Re: EEA(PR) and the shorter application

Posted: Wed Sep 28, 2016 11:06 pm
by noajthan
1) Yes

2) Yes


4) No; no.

Current 'monster' PR form is not a legal, mandatory requirement.

Re: EEA(PR) and the shorter application

Posted: Wed Sep 28, 2016 11:20 pm
by mia777
Thank you, noajthan, for your quick response (as usual :D).

Hopefully someone can shed some light on question three.

Re: EEA(PR) and the shorter application

Posted: Thu Sep 29, 2016 5:10 pm
by mia777
My remaining question is about what date ranges to enter. She would be applying for the period from 1 May 2011 - 1 May 2016 (or 30 April 2016, I'm not sure if the end date is inclusive or exclusive).

For section 3.1, should the dates refer to the 5 year period for which she is providing evidence? Can it be longer than 5 years? For example:

1 May 2011 - 1 May 2016 *OR*
1 May 2011 - Present

I'm also curious about section 3.3 which asks you to list your employers. The table has columns for From and Until. She's only had one employer so should she enter the date she *started* employment or the 5 year window start date? Same question for end date:

1 April 2011 (start of employment) - 1 May 2016 *OR*
1 April 2011 (start of employment) - Present *OR*
1 May 2011 - 1 May 2016 *OR*
1 May 2011 - Present

Re: EEA(PR) and the shorter application

Posted: Thu Sep 29, 2016 5:23 pm
by mia777
If no one knows the answer I suppose she will write a cover letter that states something like
All dates herein refer to the five year period in which I was continuously exercising my treaty rights: 1 May 2011 to 1 May 2016. I continue to exercise my treaty rights to the present day through employment with the same employer referenced in the application.
The letter from her employer will confirm that she has been employed from 1 May 2011 to the present and she will also include payslips for that longer period.

Re: EEA(PR) and the shorter application

Posted: Thu Sep 29, 2016 5:29 pm
by noajthan
There is no specific question along the lines of: what is your qualifying period

Some applicants will not know or be qualified to determine what their qualifying period as a qualified person actually was.
That is why you can leave it to the caseworker and that's what you're paying the £65 fee for.
She will determine the qualifying period based on the information and documentary supporting evidence that is submitted.

Even if you were working before 2011 and happened to be not fully, properly registered for WRS you should not be penalised for that.
You are correct, as an A8 worker who didn't register properly for WRS, the applicant's qualifying period can only begin when WRS had ended;
namely from May 2011.

A cogent cover letter to spoonfeed your caseworker can't hurt;
she may ofcourse disregard it and form her own view of the relevant qualifying period.

Re: EEA(PR) and the shorter application

Posted: Thu Sep 29, 2016 5:47 pm
by mia777
Thanks for the response.

Based on these details I think it makes sense for her to reference 1 May 2016 to the present.

Re: EEA(PR) and the shorter application

Posted: Thu Sep 29, 2016 6:04 pm
by noajthan
mia777 wrote:Thanks for the response.

Based on these details I think it makes sense for her to reference 1 May 2016 to the present.
2011.

That is unless the applicant was, for example, in the UK from some years earlier and perhaps sponsored by a Union citizen qualified person (eg parent) by which she may have acquired PR 'back in the day'. It happens.
So PR is not always about the last 5 years even if (in this case) it is this time.

Re: EEA(PR) and the shorter application

Posted: Mon Feb 27, 2017 5:05 pm
by mia777
My partner received her confirmation card after using the shorter, older EEA3 application in a timely manner (about three months).

The passport return service was also very fast.

Thanks for your help.

Re: EEA(PR) and the shorter application

Posted: Wed Mar 01, 2017 8:06 pm
by mia777
The shorter application hosted on Dropbox has now been removed.

It has been replaced by a new document stating that the official application must be used from 1 February 2017: https://dl.dropboxusercontent.com/u/128 ... ple_v2.pdf

These are the regulations cited: http://www.legislation.gov.uk/uksi/2016 ... on/21/made

Re: EEA(PR) and the shorter application

Posted: Wed Mar 01, 2017 9:02 pm
by Wise
To be honest am not surprise is all to make their job easy for them but one thing for sure was all these measure is against the EU directives regarding making application and because most people that apply for pr,rc etc were individuals who just want to avoid delay will abide and give numerous information that will be used again them.

Even in the HO case instruction it was still there to still accept those previous forms if applicants submit them.
Brussel is working on it and the new regulation will be transfer back to sender.