EEA PR Relevant qualifying period - pick your own?

johnnybaloney · Post by **johnnybaloney** » Fri Jan 08, 2016 10:59 pm

Hello,

I have looked around (here amongst others) but still don't know one thing

- can I chose the relevant qualifying period?

Here is my situation:

Code: Select all

     1 year                            5 years
   |<------->|             |<--------------------------->|
   | 1 job   |             | preferred 'relevant         |
   | under   | "dark ages" | qualifying period'          | "first steps"
   | WRS     |             |                             |
   .         .             .                             .
...*2006|2007*2007.....2010*2010|2011|2012|2013|2014|2015*2015|2016...
   ^         ^             ^                             ^
   |         |             |                             |
 June      June        15th September                15th September
                                                     became
                                                     self-employed

I'm a member of A8 group and came to Britain in June 2006 and spent 1 year working under Worker Registration Scheme (WRS) (easy!).
Then a mixture of work and full time study.
Then from 2011 full time jobs.
Then since September 2015 I've been self-employed.

Why do I want to choose? Reasons:

I have mountains of evidence for the old days, but everything I have is stored electronically (yes, my fault)
I cannot arrange for originals of the old evidence because: companies don't exist or don't have data, banks don't keep statements for that long etc.
I can have/arrange for the original evidence of various origin for the preferred relevant qualifying period
I haven't registered my self-employment yet because I didn't strictly have to (as I understand) and was busy starting the fledgling business so - no evidence (any danger here?)

Why am I asking this question? Reasons:

it's not clear from the guide
the form often ask for listing everything from the date I first entered UK
I'm assuming I only need to provide the documents for the relevant qualifying period
given that you can get another chance if you don't qualify I assume that the relevant qualifying period can be chosen differently for the next attempt

Thanks for reading and hopefully sharing your views on the subject matter however painful the truth is

(laugher of a madman, getting closer to becoming one every minute...).

LilyLalilu · Post by **LilyLalilu** » Fri Jan 08, 2016 11:19 pm

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.

johnnybaloney · Post by **johnnybaloney** » Fri Jan 08, 2016 11:41 pm

Whoa! That was quick

Regarding supplying the evidence for the preferred relevant qualifying period only, as I mentioned the form often ask for listing everything from the date I first entered UK, examples:

5.3 Have you had any absences from the UK since you entered? Give details.
9.4 Complete the table below with details of your activity in the UK. Complete in chronological order, starting from when you entered the UK.

My understanding is then:

fill out the tables of the form with all the details since arrival in the UK, but
state wherever possible your preferred relevant qualifying period, and
attach documents only for the preferred relevant qualifying period (with the exception of WRS and such).

Is my thinking right?

ohara · Post by **ohara** » Sat Jan 09, 2016 5:50 am

Have a read of this: https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

It lists the actual legal requirements for obtaining a document certifying permanent residence. You do not even have to use the Home Office form, EEA(PR), you can simply write a letter. Obviously you must include:

proof of residence during qualifying period
proof of exercising treaty rights during qualifying period
absences during qualifying period and to present day.

I have been in the UK for almost 25 years and I've been back out if it at least 15 times in that period (only for 2 weeks max each time). The qualifying period I used for my application was 2009-2014 so I gave details of absences from 2009 to present.

If you choose not to use the form, make sure you include the correct fee (a cheque, or use their payment slip)

If you do use the form and decide to list ALL of your activity in the UK and you have multiple qualifying periods, write in section 9.13 that you would like them to use a certain qualifying period for the application. That is what I did.

johnnybaloney · Post by **johnnybaloney** » Sat Jan 09, 2016 11:25 pm

Thank you for your help, all nice and clear!

I'm tempted to ditch the form, it would be less fuss. The only thing is that I've already spent time printing this monster and filling it out. Yes, that's exactly what I was thinking, put the explanation in 9.13.

Thanks again ohara and LilyLalilu, you gave my confidence a boost it needed

P.S. This (home page) is also a pretty good read.

18august2014 · Post by **18august2014** » Mon Jan 11, 2016 12:22 am

johnnybaloney wrote:Thank you for your help, all nice and clear!

I'm tempted to ditch the form, it would be less fuss. The only thing is that I've already spent time printing this monster and filling it out. Yes, that's exactly what I was thinking, put the explanation in 9.13.

Thanks again ohara and LilyLalilu, you gave my confidence a boost it needed

P.S. This (home page) is also a pretty good read.

Hello.

Ditching the form might not be wise and would perhaps delay your application, but that's your prerogative.

Just wanted to add that if you wished to apply for British citizenship straight after you receive your DCPR, then perhaps apply on the basis of a five-year period starting in Jan 2010 or before. This is because, as you may be aware already, you can only qualify for naturalisation if you've been in the UK for 12 months following the eligibility date for PR.

All the best.

johnnybaloney · Post by **johnnybaloney** » Mon Jan 11, 2016 8:17 pm

Hey August, thanks for this extra bit of info.

If you are warning against it there must be a reason, I'll keep that in mind. In this sort of environment I don't want to upset an official who is already in a combat mode.

Regarding the shift, it won't work in my case. My preferred 'relevant qualifying period' just but just fits the requirements. I'm not even 100% sure about the beginning of it because I was studying full-time and at the same time part-time employed at a company that doesn't exist any more back then and all the documents I have from that time are in a computer. However, I can have bank stamped bank account statements from that period (they were thrilled at the idea of giving me something like a 50-page long printout with each page requiring a stamp

) and probably some original Pxxx tax documents, so who knows, maybe it's enough to conquer the beast.

Demoovia · Post by **Demoovia** » Sun Nov 13, 2016 6:38 pm

Hey Johnny, please can you tell us if your app was successful?

I'm in a similar situation to yours, i.e. I have a preferred qualifying period, & this thread has been very helpful so far.

ohara · Post by **ohara** » Mon Nov 14, 2016 9:09 am

Demoovia wrote:Hey Johnny, please can you tell us if your app was successful?

I'm in a similar situation to yours, i.e. I have a preferred qualifying period, & this thread has been very helpful so far.

OP has not visited the forum for almost a year. If you have a question, start your own thread.

FYI, I 'chose' my qualifying period and HO ignored it and used an even earlier period than I expected, which was a bonus. This is why it is important to submit a lot of evidence with your application, and let the caseworker figure it out.

johnnybaloney · Post by **johnnybaloney** » Sun Jan 08, 2017 4:24 pm

Hi Demoovia,

Sorry about the late response. In the end I left Britain for a considerable amount of time and have not applied for PR so cannot answer your question, I'm afraid. Plus I had certain worries about providing the evidence even for my chosen period, and wasn't looking forward to persuading the lovely officials that my application was legit. It just seemed too risky for me for that reason, so I'm starting from scratch...

However, had it not been for all that, after receiving help from kind ohara I was willing to give it a go.

Good luck!

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EEA PR Relevant qualifying period - pick your own?

EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?

Re: EEA PR Relevant qualifying period - pick your own?