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EU National - Permanent resident evidence
Posted: Thu Jul 07, 2016 4:52 pm
by imnewhere
Hi all,
I have a friend from an EU country who has been in the UK since 2009 and she has worked on and off with agencies, then claimed JSA briefly but has worked after coming off benefit ever since.
She doesnt not have any evidence to use to apply for permanent resident other than her passport.
Can someone help to advise what document she would need to make this application?
Please ask any questions you want to know and I would advise.
Thanks,
Re: EU National - Permanent resident evidence
Posted: Thu Jul 07, 2016 4:53 pm
by jmmo20
Tenancy agreements, letters from employers, bank statements..
Re: EU National - Permanent resident evidence
Posted: Thu Jul 07, 2016 4:56 pm
by imnewhere
Tenancy agreements will be tricky as she lived with people in shared housing without her name on the tenancy until recently. Other than bank statements, anything else she need to send with the long application form?
Passport obviously
Current employment confirmation
Current tenancy agreement
Anything else that can help?
Re: EU National - Permanent resident evidence
Posted: Thu Jul 07, 2016 5:00 pm
by noajthan
imnewhere wrote:Tenancy agreements will be tricky as she lived with people in shared housing without her name on the tenancy until recently. Other than bank statements, anything else she need to send with the long application form?
Passport obviously
Current employment confirmation
Current tenancy agreement
Anything else that can help?
This is not enough and if you submit inadequate supporting evidence you will be refused.
Have you read the PR guidance?
You need to prove identity, residency, exercise of treaty rights (& absences within prescribed limits).
Re: EU National - Permanent resident evidence
Posted: Thu Jul 07, 2016 9:02 pm
by imnewhere
We can obtain letters from bank showing active account usage in the last 5 years.
Absences can be confirmed
I think the problem here is a lot of EU citizens did not anticipate the need for this until recently.
I am sure my friend is not the only one in the situation , does anyone have advice for someone with lack of documentary evidence
Re: EU National - Permanent resident evidence
Posted: Thu Jul 07, 2016 9:10 pm
by noajthan
imnewhere wrote:I am sure my friend is not the only one in the situation , does anyone have advice for someone with lack of documentary evidence
Start generating a papertrail and keeping the evidence you will need.
(There should be no surprises, the requirements for DCPR are well-documented).
In the meantime get a RC in anticipation of any transitional arrangement.
Re: EU National - Permanent resident evidence
Posted: Fri Jul 08, 2016 9:04 am
by noajthan
Re: EU National - Permanent resident evidence
Posted: Fri Jul 08, 2016 9:18 am
by imnewhere
Thanks Noajthan, I will read through those cases, also my friend did mentioned that when she arrived in the UK in 2010, she paid some money to the home office for a certain application which was needed before she could take up work. I am asumming it is WRS. She doesnt have any documentation in relation to this but i am sure the home office would have record of this. Does it make any difference?
This is the point of action so far:
1. Download the 85 page application form for Perm res
2. Contact the job centre for confirmation of benefit claim
3. Cobtact HMRC for NI contributation through out stay in the UK
4. Obtain bank statement if possible showing account entries through out 5 years
5. Establish absences by looking through airline tickets.
6. Bank statements if possible can confirm proof of various adresses over this period ( not sure if the bank would do this service).
7. She did participate in a part time course whilst on benefit but I dont know if this would affect her in terms of the insurance element of students. The job centre was aware she was studying part time whilst looking for work.
8. I am hoping employment details with varioud agencies would show up on HMRC records?
I am hoping we can make some progress with these amount of evidence.
Re: EU National - Permanent resident evidence
Posted: Tue Jul 12, 2016 11:18 am
by imnewhere
Also, does employment has to be continuous without any breaks? What if there are breaks without any benefit claims? Any discretion here?
Re: EU National - Permanent resident evidence
Posted: Tue Jul 12, 2016 11:47 am
by noajthan
imnewhere wrote:Also, does employment has to be continuous without any breaks? What if there are breaks without any benefit claims? Any discretion here?
Yes, all exercise of treaty rights in any category (including employment as a worker) has to be continuous. No breaks.
And that proof of WRS registration will be required. A HO caseworker will not do the running around to join the dots and give any benefit of doubt.
Here is email address for WRS-related enquiries:
workerregistration.scheme@homeoffice.gsi.gov.uk
Re: EU National - Permanent resident evidence
Posted: Tue Jul 12, 2016 12:03 pm
by imnewhere
I think there is no point of my friend pursuing the permanent resident option despite living in the UK for over 5 years. There have been some gaps in employment. I suppose, all she can do is wait and see outcome of brexit. Any views?
Re: EU National - Permanent resident evidence
Posted: Tue Jul 12, 2016 12:07 pm
by noajthan
imnewhere wrote:I think there is no point of my friend pursuing the permanent resident option despite living in the UK for over 5 years. There have been some gaps in employment. I suppose, all she can do is wait and see outcome of brexit. Any views?
If she had CSI and was selfsufficient then selfsufficient qualified person status is another option.
Or did she have an EEA sponsor (eg parent, spouse) who was in UK at same time and exercising treaty rights?
If not exercising treaty rights and/or no sponsor then she is indeed on a sticky wicket (even without
Brexit). To stay safely in UK she needs to regularise her status.
Re: EU National - Permanent resident evidence
Posted: Tue Jul 12, 2016 12:17 pm
by imnewhere
As far as I am aware, she does not have CSI . She did register for WRS and held various jobs with recruitment agencies. After that, she claimed JSA whilst studying part time course for 2 years.
She lived with me during the period of no employment - I am not EU citizen but i have full refugee status in the UK and a current AN application with the home office.
If none of the above would help, how can she go about regularising her stay in the UK? She is in permanent employment.
Re: EU National - Permanent resident evidence
Posted: Tue Jul 12, 2016 12:36 pm
by noajthan
imnewhere wrote:As far as I am aware, she does not have CSI . She did register for WRS and held various jobs with recruitment agencies. After that, she claimed JSA whilst studying part time course for 2 years.
She lived with me during the period of no employment - I am not EU citizen but i have full refugee status in the UK and a current AN application with the home office.
If none of the above would help, how can she go about regularising her stay in the UK? She is in permanent employment.
If now in employment then all good for now.
It may be prudent to apply for a RC (EEA QP) just to confirm current status;
that could prove a worthwhile investment in case any transitional arrangements happen to be put in place for the thousands already 'in flight' on an EU migration trajectory.
Re: EU National - Permanent resident evidence
Posted: Tue Jul 12, 2016 1:57 pm
by imnewhere
Thanks Noajthan, will advise she apply for the EEA QP. Meanwhile, we will continue to gather evidence for PR.