Hello everybody.
Today I finally completed my second application for the permanent residence card. The first time it was rejected for the following reasons (copy and paste, including potential mistakes) :
"Regulation 6(2)(b) stipulates that a person who claims to be a qualified person in the United Kingdom as a jobseeker must.
(i) have registered as a job seeker and were employed for at least a year before become unemployed
(ii) have been unemployed for no more than six months, or
(iii) can provide evidence that they are seeking employment in the UK and have a genuine chance of being engaged.
Your application and has been considered and the following has been ascertained from the evidence provided :
. You have been a jobseeker for a period in excess of six months
. Your EEA national sponsor has not evidenced that they are actively seeking work and have a genuine chance of engagement.
Whilst it is accepted you have been a student and are currently employed, the first six months of jobseeking would have been accepted as exercising treaty rights. It is noted that you have been a jobseeker for 4 year the United Kingdom from 2011 to 2015 as stated in your application form and therefore anything over the first 6 months whilst jobseeking can not be accepted as exercising treaty rights in the United Kingdom. As a result, this department is unable to establish that you have been exercising Treaty rights in the United Kingdom for a continuous period of 5 years whilst being a student, a job seeker and employed."
As soon as the packet with the documents and the new application was sealed and ready to be delivered, I went back to these rejection lines and realised that it would probably be rejected again.
This second time, for each year (from 2011 to 2015), I provided documents of registration from the Jobcente Plus, rejection letters from employers, payslips from all my previous employers.
I feel the new application is "just" more complete and in more details, but (going back to their rejection lines) I wasn't employed before I became unemployed. I was a university student (2010-2011) (insured). I was always actively seeking work (after uni), but I have been a jobseeker for an excess of six months.
As stated in the Eligibility of the EEA (PR), "You must have lived in the UK for a continuous period of 5 years : - an EEA national 'qualified person' (worker, self employed, self sufficient, student or jobseeker).
It doesn't say anywhere that I had to be employed for at least a year before becoming unemployed.
It doesn't say anywhere that if you've been on JSA for over 6 months, the rest of the time doesn't count and it's lost. At the time I was a jobseeker, I never received any letter from the JobCentre (or anywhere else) stating that after 6 months you stop exercising Treaty Rights. If that was the case, I'm sure they would have stopped all my benefits, and in fact they didn't.
Rejection letters from employers (for each year), prove that I was always actively seeking work. But how do I prove that I had a genuine prospect of work? Isn't it enough that now I have a permanent job?
I know that now though, with the current legislation, europeans in the UK can sign on for only 6 months after which their benefits are stopped and they need to prove in what form/entitlement they can stay in the country. It wasn't the case back then.
What is your opinion?
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