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Two questions about Section 9 in PR

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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dzevel5
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Two questions about Section 9 in PR

Post by dzevel5 » Fri Feb 08, 2019 1:54 pm

I read the guide but it's not so clear for me, every time they use the terms of sponsor I get confused. I don't know if the employer considered as a sponsor or I just don't have one because I'm EEA citizen (Poland).
I'll explain my scenario per year to make it easy

2015 Permanent work (3 different employers)
2016 permanent work (same employer)
2017 permanent with the same employer as previous year until April and then:
- contract within my own LTD company from April 2017 to August 2017
- permanent from 1st September 2017 until today

my question is what documents should I enclosed for this section (if any):
- P60 for every year and that will be enough as Annex H suggest?
- payslips?
Do I need to enclosed any document from the company I had for 5 months only? (no bankrupt or any issue btw, I just decided to move back to permanent position)

Thanks in advance.

dzevel5
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PR section 5.3 and 5.4

Post by dzevel5 » Fri Feb 08, 2019 5:51 pm

Hi all,
I hope I make my case clear enough and you will be able to answer. it's not so complicated however the definition of these below isn't clear for me..

I'm Polish citizen. trying to fill in advance the PR document
5.3
In my case I first entered to UK at 10/07/2014 although I didn't work for awhile and travelled quite a lot.
I had some absence like holiday and some arrangement when I first move as below:
- 11/11/2014 to 11/11/2014 - I visited Paris and left for the same day so 0 absence (maybe I shouldn't include it)
- 20/10/2014 to 14/12/2014 - I visited home to make some arrangement to move permanently to UK 51 days
- 25/12/2014 to 19/01/2015 - another visit home for some more arrangements

Is this is right? Or else I shouldn't even mention this period of time since I didn't work at these period? (started to work at Jan 2015). If I should, then I'm totally confused about section
5.4:
If you were or your sponsor was absent from the UK for more than 6 months in any 12-month period, please indicate the reason for the absence by ticking the relevant box below
What is 12-month period?
1st January to 31st December? or
10/07/2014 and onward?


Thanks in advance

Wise
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Re: PR section 5.3 and 5.4

Post by Wise » Fri Feb 08, 2019 7:34 pm

From what you have posted, you are not affected with the wording of out of the UK for 6 months in any 12 months.

I will try to break it down this way as example. Because the wording are for people who is out for complete 6 month in one go in any 12 months calendar year and not Jan-Dec.

1, Lets say you travel Feb 15 and come back to UK 31 Feb in 2018
2, Again you travel in April 20 and come back after may be three to four weeks. In that very year you are not out for six month in 12 months.

In a nutshell, anytime you travel your 12 months calculation re-start and not necessarily Jan to Dec.


Regarding calculating your five years residence. You cannot count when you first arrived in UK if there was no activities of you performing any of the treaty right, so start count from when your legal treaty right kick off.

Hope this will help?
Good Luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

Wise
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Re: Two questions about Section 9 in PR

Post by Wise » Fri Feb 08, 2019 8:01 pm

As you are Polish, you can apply either you have partner/sponsor. In your case you do not need to have sponsor because you are Polish just ignore it and fill the form as single EU and qualify person.


Regarding the five months payslips. If you want to count it as part of your five years, yes you need to add it to what you are sending and the rest may be P60s for each year.



Good Luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

dzevel5
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Re: PR section 5.3 and 5.4

Post by dzevel5 » Fri Feb 08, 2019 8:27 pm

You made it very clear now and it make sense to me! thanks a lot!

in this case, what should I put as the first date I entered UK? July 2014? or Jan 2015 which is when I started to work in UK?

If I should put July 2014, then how can they tell that I didn't have an activity? - based on my P60 they know my first date I started to work?

dzevel5
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Re: Two questions about Section 9 in PR

Post by dzevel5 » Fri Feb 08, 2019 8:35 pm

Thanks for clarifying this.

Then in section 3 I should choose only live in the UK for continuous 5 years but NOT ticking that I am a family member of a British citizen? (my wife is British from birth).

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Re: Two questions about Section 9 in PR

Post by CR001 » Fri Feb 08, 2019 8:47 pm

It is not necessary to start a new topic with each question on the same application form.

Topics merged, stick to one topic!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Wise
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Re: Two questions about Section 9 in PR

Post by Wise » Sat Feb 09, 2019 11:21 am

Either you put your arrival in the UK was 2014 or 2015, home office is only concern on the evidence of your complete and continuous 5 years treaty right activities.

Secondly in my previous msg, you are applying as a qualifying EU national in your own right and not as a British spouse. You wife has nothing to do with your application. That question is for people who came to the UK under different category within the EU free movement right. For example (Surender singh) where you have both lived in other EU country and your spouse was your sponsor in that EU country as a British citizen who returned to the UK as his/her country. But in your case you are qualify to apply for anything you wanted as an EU national, unless you don't have anything to proof your treaty right then you clock will re start.



Good Luck
It is really good to help and everyone deserve to be respected in life. Good luck.

dzevel5
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Re: Two questions about Section 9 in PR

Post by dzevel5 » Sat Feb 09, 2019 4:48 pm

So I need to send some proof of day one? or they can get this information from the P60?

Wise
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Re: Two questions about Section 9 in PR

Post by Wise » Sat Feb 09, 2019 8:03 pm

P60 for any year represent the complete financial year which is April to March of every year, as long as you are not out of the UK for 6 months at ago within the period above in any year you are claiming you will be fine. You will only need to add any more payslips if needed to complete that 5 years of the treaty right.




Good Luck
It is really good to help and everyone deserve to be respected in life. Good luck.

dzevel5
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Re: Two questions about Section 9 in PR

Post by dzevel5 » Sat Feb 09, 2019 11:53 pm

Thanks, for your help. I have the last question :)

I always worked as a permanent employee except 5 months where I worked as a contractor under my ltd company at 2017 as below:
January 2015-2017 - permanent employee
April 2017 - 31st August 2017 - Contractor under my limited company
1st September 2017 until today - permanent employee

Should i explain in my document about these 5 months that I worked under my company or no need?

Wise
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Re: Two questions about Section 9 in PR

Post by Wise » Mon Feb 11, 2019 7:56 am

If it fall within the 5 years you're claiming and if not you don't have to.
It is really good to help and everyone deserve to be respected in life. Good luck.

dzevel5
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Re: Two questions about Section 9 in PR

Post by dzevel5 » Mon Feb 11, 2019 9:55 am

I was working for my company at 2017 so I yes. I'll check what documents they ask for..

Regarding Section 9:
If you’re applying as the family member or extended family member of the relevant EEA national named in section 2, or because you have retained your right of residence, does the relevant EEA national have a document certifying permanent residence
It's not clear for me. I am the family member in this case or it's irrelevant for me because I am the EEA national?

thenafter:
(1) Summary of the relevant EEA national’s activity
should I detail or it's not for my case? if yes, then it should be as this template?
date - permanent work
date - working for my own company
date - permanent

Thanks

dzevel5
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Re: Two questions about Section 9 in PR

Post by dzevel5 » Wed Feb 13, 2019 6:44 pm

Hi all, maybe someone can look into this?

dzevel5
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Re: Two questions about Section 9 in PR

Post by dzevel5 » Fri Feb 15, 2019 1:42 pm

Someone please?

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