jpl wrote: ↑Sun Aug 02, 2020 4:20 pm
uklondonn wrote: ↑Sun Aug 02, 2020 11:02 am
Hi,
jpl thanks for your message!
If Home Office rejected your E104, what kind of evidence did you provide them after the rejection?
How big was/were your gap/s? (No employment)
Where you an student or self sufficient? Did you provide any more documentation to support your application (student or self sufficient periods)?
Thanks a lot!!
I came here as a student in 2012 and graduated in 2017, so my understanding is that I would have had to show evidence of CSI coverage between 2015-2017 (2020 minus 5 years). I've been working full-time since I left university, so I was lucky enough not to have any further gaps there.
With respect to my rejected E104, I contacted the social security authorities of my home country to ask if there was any other document they could provide. The administrators I ended up speaking to were quite taken aback that any other EU/EEA country would refuse an E104 - which is meant to be accepted by everyone, even without translation - and the only other document they were happy to issue was a letter in English saying something to the effect of
"This is to certify that jpl was de-registered from [country] social security on [date in 2017]"
- which is of course exactly what the E104 said in the first place! Anyway, I attached both the original E104 and the letter to my application.
When applying for permanent residence, I had also uploaded the Kent University practice note on E104s. Home Office seemed not to have taken it into any consideration, given their refusal, but I figured it couldn't hurt to attach it again to my citizenship application.
I also added P60s and a letter from my employer to prove residence for the time I spent here since I graduated. I didn't submit anything to prove economic self-sufficiency for my time as a student, and was never asked to provide any additional documents.
Oh, hang on, I missed the bit about your rejection of E104 in your Permanent Residence application. I thought that rejection was in the Naturalisation application.
I guess by Permanent Residence you meant "EU Settlement Scheme"? Just to be sure, because permanent Residence, is something different that requires different documentation and CSI was actually a requirement.
For EU Settlement Scheme CSI is not a requirement.
So I'm a bit confuse about your reasons to include the E104 in your EU Settlement application...
Did you included the letter from your country's social security after the rejection? Or how was that process? (I'm trying to understand if that letter makes any difference at all)
And now, knowing that the rejection (About E104) was when applying for EU Settlement Scheme... (Maybe it make sense, as it was not necessary) Would you mind to explain what documents have you included in your naturalisation application? Only the official E104, both the form E104 + the letter?
By the way, self sufficient is a different category, if you are an student you only need to have CSI to exercise treaty rights.
One latest thing
so my understanding is that I would have had to show evidence of CSI coverage between 2015-2017 (2020 minus 5 years)
There is a lot of confusion about this point... (We had a lot of discussions about that in this thread) The 5 qualifying years are prior to obtaining Settle Status, not based on the your naturalisation application. Let's say you obtained Settle Status the 1st May 2019. You applied for Naturalisation 20th May 2020. You would have needed CSI or equivalent (Working) from 1st May 2014 to 1st May 2019.
Directly from the case worker guide (
https://assets.publishing.service.gov.u ... gov-uk.pdf) :
.You must assess whether the applicant was lawfully
resident under the EEA Regulations in accordance with that guidance and therefore
lawfully in the UK for any residence prior to the grant of pre-settled status, or settled
status.
You must assess whether the individual has been here lawfully during their 3 or 5
year residential period prior to pre-settled status or settled status
But today... I found something that might be a light at the end of the tunnel:
People who were in the UK in accordance with EU law may have acquired
permanent residence at some point, despite not having a document. A right to reside
under EU law exists automatically where the terms of the EEA Regulations are met.
If they had time periods where they were not here in accordance with the EEA
Reulations you must determine if they were here lawfully on the basis that they had
previously acquired permanent residence and were no longer required to meet
certain requirements, such as being a qualified person.
Thanks for your help!
