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Trying to understand when 5 years for (PR)

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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dzevel5
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Trying to understand when 5 years for (PR)

Post by dzevel5 » Mon Jan 21, 2019 2:04 pm

Hi all,

I'm asking after I've searched and couldn't find an answer. It is also quite urgent for me since my employer pushing me to get this done.

My situation is that I came to UK at July 2014, however I started to have an actual address at Jan 2015.
My first proof of address is from 25th of January 2015.

in the July 2019 I'll be in UK for 5 years, however I struggle to find a way to proof that except maybe I can ask British airways to give me a document shown that I've entered UK at July 2014.

My questions are:
1. Is there a way to do that or somehow an idea how to prove it?
2. PR document page 28 Section 5.1 (Date you first entered the UK) - should I just write July 2014 but provide my first proof of address which is Jan 2015 and that will be ok?

Thanks in advance :)

secret.simon
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Re: Trying to understand when 5 years for (PR)

Post by secret.simon » Tue Jan 22, 2019 12:51 am

Where did you stay between July 2014 and January 2015? How did you exercise treaty rights in that period?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

dzevel5
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Re: Trying to understand when 5 years for (PR)

Post by dzevel5 » Thu Jan 24, 2019 2:01 pm

I've been going back to my home country (outside EEA even though I have polish passport) to arrange other things like moving of my furniture etc.

Regarding exercise treaty rights, I'm not sure I understand. Do you mean for when I started a job?
I started the job at the 22nd of January and have been given the NI number from 21st of January (day before I started)

ljdebenedictis
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Re: Trying to understand when 5 years for (PR)

Post by ljdebenedictis » Thu Jan 24, 2019 6:53 pm

How about bank account?

dzevel5
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Re: Trying to understand when 5 years for (PR)

Post by dzevel5 » Fri Jan 25, 2019 3:25 pm

I've open an international bank account (lloyds offshore) which registered to my home (not UK or EEA)
My first UK bank account opened since the 24 of Jan 2015

kamoe
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Re: Trying to understand when 5 years for (PR)

Post by kamoe » Sun Jan 27, 2019 11:29 am

dzevel5 wrote:
Thu Jan 24, 2019 2:01 pm
Regarding exercise treaty rights, I'm not sure I understand. Do you mean for when I started a job?
I started the job at the 22nd of January and have been given the NI number from 21st of January (day before I started)
Exercising treaty rights means you are in employment, a job seeker, a student, a self-employed person, or a self-sufficient person.

If you were a full-time employee with a contract, payslips, and -most importantly- National Insurance contributions in your record (wich the Home Ofice cross checks with your NI number), your case is straightforward. If not, you might need to refer to the official guidelines to see if you are a 'qualified person' (the term used to refer to someone exercising treaty rights), or ask professional help from a solicitor to correctly interpret it: https://assets.publishing.service.gov.u ... 6.0ext.pdf

Now, If you were given a NI number only in January 2015, and you are struggling to find any official records of your stay (you were not a student), I gather that, very likely, you probably did not exercise treaty rights before then (and then there is no point in proving your stay in 2014, as it won't count).
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

dzevel5
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Re: Trying to understand when 5 years for (PR)

Post by dzevel5 » Tue Jan 29, 2019 4:22 pm

Hi
Thanks for the explanation, I really appreciate it :)

So in case I'll apply for PR (or what ever they will name it), what should I put in Section 5.1 (Date you first entered the UK)?

First time I visited UK or first time I enter to move to UK? so I'm really confused here
Jan 2015?
July 2014?

kamoe
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Re: Trying to understand when 5 years for (PR)

Post by kamoe » Wed Jan 30, 2019 10:48 am

dzevel5 wrote:
Tue Jan 29, 2019 4:22 pm
So in case I'll apply for PR (or what ever they will name it), what should I put in Section 5.1 (Date you first entered the UK)?

First time I visited UK or first time I enter to move to UK? so I'm really confused here
Jan 2015?
July 2014?
Was it your intention to move to the UK when you first visited in 2014? If so, best thing is to put that date. If not, it's probably easier for the case worker if you put the 2015 date.

Now, if at all you have space in the form, but both!: "July 2014 (first visit), Jan 2015 (moved to UK)". Straightforward and clear.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

dzevel5
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Re: Trying to understand when 5 years for (PR)

Post by dzevel5 » Mon Feb 04, 2019 10:18 pm

Thanks a lot!
Yes my intention was to move to UK, so if I put both date it will be on the safe side? or it doesn't really make a difference since it's only less than 6 months difference?
(I was in UK also for another week in October 2014)

kamoe
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Re: Trying to understand when 5 years for (PR)

Post by kamoe » Tue Feb 05, 2019 10:14 am

dzevel5 wrote:
Mon Feb 04, 2019 10:18 pm
Thanks a lot!
Yes my intention was to move to UK, so if I put both date it will be on the safe side? or it doesn't really make a difference since it's only less than 6 months difference?
(I was in UK also for another week in October 2014)
Best is to put both, so the case worker has a clear picture of your movements. it will be up to them to decide for how long you have been a qualified person, which will be very likely the January date. But you would have done the right thing and answered truthfully as bets as you can.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

dzevel5
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Re: Trying to understand when 5 years for (PR)

Post by dzevel5 » Fri Feb 08, 2019 1:56 pm

Thanks again :)

There is no much room to put both dates, is that ok if I put the first address with explanation outside the box?
I'm not sure how to write it in just 1 option they provide.

kamoe
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Re: Trying to understand when 5 years for (PR)

Post by kamoe » Fri Feb 08, 2019 2:02 pm

dzevel5 wrote:
Fri Feb 08, 2019 1:56 pm
Thanks again :)

There is no much room to put both dates, is that ok if I put the first address with explanation outside the box?
I'm not sure how to write it in just 1 option they provide.
Yes, that would be a truthful answer.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

dzevel5
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Re: Trying to understand when 5 years for (PR)

Post by dzevel5 » Fri Feb 08, 2019 2:37 pm

Is this is the way they check from when I moved to the UK ? or i missed some document / piece of information?

in April of this year I'll have my 5th P60 which is good enough for proof of address and employment.
but how can I proof my day 1 arrival in UK? or else I don't need to because they don't go by the exact day/moth??

I opened a bank account back in the time when I needed proof of address for something, but it's not from day one. I thought it's from Jan 2015 but this bank account I opened at March 2015 and I have a bank statement with bank signature on it for proof of address. -- or like I asked above, maybe just no need for this?

kamoe
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Re: Trying to understand when 5 years for (PR)

Post by kamoe » Sat Feb 09, 2019 3:34 pm

dzevel5 wrote:
Fri Feb 08, 2019 2:37 pm
Is this is the way they check from when I moved to the UK ? or i missed some document / piece of information?
If you claim to have been a qualified person on the basis of your employment, then they check your employment history to determine your day 1. I understand day 1 is not the date you arrived, but the date it can be proved you have been a qualified person.
in April of this year I'll have my 5th P60 which is good enough for proof of address and employment.
Can you provide all 5 P60s? Or at least 3 payslips for each year you cannot provide a P60 for. Only one P60 probably won't do. (See Annex H on the document reference on my last paragraph below).
but how can I prove my day 1 arrival in UK? or else I don't need to because they don't go by the exact day/moth??
As explained above.
I opened a bank account back in the time when I needed proof of address for something, but it's not from day one. I thought it's from Jan 2015 but this bank account I opened at March 2015 and I have a bank statement with bank signature on it for proof of address. -- or like I asked above, maybe just no need for this?
Depends how strong your evidence is of your status as a worker. If you have strong evidence of your work throughout the qualifying period (for example, P60s, or payslips when these are missing), then you do not need any more evidence of residence (see 2nd paragraph on page 9 of the official application guidelines here:
https://assets.publishing.service.gov.u ... tes-v3.pdf
Appropriate documentation to prove employment is on Annex H, on page 28.
Appropriate documentation to prove residence is on page 9.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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