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WORKING Legally 6 years in UK

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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AlexBo
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Posts: 2
Joined: Thu Apr 20, 2017 9:07 pm

WORKING Legally 6 years in UK

Post by AlexBo » Thu Apr 20, 2017 9:18 pm

Refusal Permanent Residence Card after 6 years of Residence ( with the wright to apeal in 14 days from 09 feb 2017
I applied for Permanent Residence on the basis that I am an EEA national who has resided in the UK
I stated that I've been self-employed from 11/11/2009 to 31/07/2012 and provided all the evidence for this and they accepted the evidence that I submitted to be sufficient and therefore can use this period as a self-employed person to go towards my qualifying period.
In 11/05/2011 I was issued with a registration certificate (yellow card for Romanian & Bulgarian) which allows me to work 20 hours/week while studying and full time during holidays. Next I stated on my application that I was employed 20 hours with few companies from 02/02/2012 to 31/03/2015 and I have supplied the following evidence: P60 s, all payslips without gaps!
What they saying now is:
AFTER REVIEWING THE EVIDENCE YOU HAVE SUPPLIED, IS NOTED THAT AS AN ACCESSION STATE NATIONAL WORKER, YOU MUST BE ABLE TO SHOW THAT FOR THE FIRST OF 5 YEARS CONTINOUS WORK IN UK YOU COMPLETED 12 MONTHS LEGAL EMPLOYMENT WITH AN EMPLOYER REGISTERED WITH THE ACCESSION WORKER REGISTRATION (AWR). YOU HAVE NEVER REGISTERED EMPLOYEMENT UNDER THE AWS. AS THE AWR SCHEME ENDED ON 01/01/2014, THE DEPARTMENT CAN CONSIDER ANY EVIDENCE SUBMITTED AFTER THIS DATE. AS A RESULT, THE EARLYEST YOU CAN OBTAIN PERMANENT RESIDENCE WOULD BE 01/01/19. THEREFORE THE DEPARTMENT CANNOT CONSIDER ANY EVIDENCE OF EMPLOYMENT PROVIDED BEFORE 01/01/2014. THIS MEANS YOU HAVE A GAP FROM 31/07/2012 to 01/01/2014 AND THEREFORE DO NOT HAVE COMPLETED 5 YEARS WORTH OF EVIDENCE. IF YOU STILL WISH TO BE CONSIDERED UNDER THE IMMIGRATION REGULATIONS 2016 YOU WILL NEED TO APPLY AGAIN AND DEMONSTRATE HOW YOU CURRENTLY EXERCISING YOUR FREE MOVEMENT TREATY RIGHTS IN UK.
......No idea what to do next and why they did that!
If there is any way you can help me, I will be Grateful
Thanks Alex

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: WORKING Legally 6 years in UK

Post by Obie » Thu Apr 20, 2017 10:37 pm

You may ask then to reconsider or appeal, as the decision seems incorrect.

You were self employed between 2009-2012.

You then started a course of studies in 2011.

You had 20 hours of work right. After working for a continuous period of 12 month you are then not subject to the accession regulation.

The decision seems plainly wrong.
Smooth seas do not make skilful sailors

AlexBo
Newly Registered
Posts: 2
Joined: Thu Apr 20, 2017 9:07 pm

Re: WORKING Legally 6 years in UK

Post by AlexBo » Fri Apr 21, 2017 9:00 am

I called them and I didn't get a plain answer of them!
... I will make the apeal to the address provided and see what is gonna happen!
Thanks Obie for your advice ! I want to give up when I receive the letter...

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: WORKING Legally 6 years in UK

Post by vinny » Fri Apr 21, 2017 12:31 pm

Obie wrote:You had 20 hours of work right. After working for a continuous period of 12 month you are then not subject to the accession regulation.
Yes.

See also Review of the restrictions on Bulgaria and Romanian nationals > 2.19 Provided that the work undertaken by students amounts to employment (i.e. not self-employment) they will be eligible for exemption from the restrictions once they have satisfied the qualifying period of 12 months continuous legal employment.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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