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EEA3 (PR) query

Posted: Tue Aug 07, 2012 12:31 pm
by Jersey
When applying to Permanent residence, the UKBA expects you to show them your activity during this 5 years in terms of employment/unemployment.

If I wasn't working for some period, do I need to show them letters that I tried to apply for jobs (job seeker), or can I just declare that I was doing some voluntary work?

In terms of working period, do they expect to see all pay-slip, or just P60, or a document confirming I worked at that business/company during that specific period?

Did anyone here gone through the process so he can share what documents and how many is it advised to send?

Thank you.

Posted: Tue Aug 07, 2012 7:43 pm
by EUsmileWEallsmile
A worker does not cease to be considered to be a worker if certain conditions are met. If you meet these circumstances and can evidence them, then your application will succeed. It would be difficult to comment without knowing the specifics of your situation.

Why don't you read the directive (and the transposed regulations) and see if you qualify.

Posted: Tue Aug 07, 2012 10:59 pm
by Jersey
EUsmileWEallsmile wrote:A worker does not cease to be considered to be a worker if certain conditions are met. If you meet these circumstances and can evidence them, then your application will succeed. It would be difficult to comment without knowing the specifics of your situation.

Why don't you read the directive (and the transposed regulations) and see if you qualify.
Thank you. What are the certain conditions/circumstances, and what is the evidence?

Can you also please givem me a link to the relevant directive? is it 2004/38?

Posted: Wed Aug 08, 2012 7:22 am
by EUsmileWEallsmile
Jersey wrote:
EUsmileWEallsmile wrote:A worker does not cease to be considered to be a worker if certain conditions are met. If you meet these circumstances and can evidence them, then your application will succeed. It would be difficult to comment without knowing the specifics of your situation.

Why don't you read the directive (and the transposed regulations) and see if you qualify.
Thank you. What are the certain conditions/circumstances, and what is the evidence?

Can you also please givem me a link to the relevant directive? is it 2004/38?
Google directive 2004/38/EC - the conditions are specified there.

Posted: Wed Aug 08, 2012 10:48 am
by Jersey
EUsmileWEallsmile wrote:
Jersey wrote:
EUsmileWEallsmile wrote:A worker does not cease to be considered to be a worker if certain conditions are met. If you meet these circumstances and can evidence them, then your application will succeed. It would be difficult to comment without knowing the specifics of your situation.

Why don't you read the directive (and the transposed regulations) and see if you qualify.
Thank you. What are the certain conditions/circumstances, and what is the evidence?

Can you also please givem me a link to the relevant directive? is it 2004/38?
Google directive 2004/38/EC - the conditions are specified there.
thank you again.

Posted: Sun Aug 12, 2012 12:12 pm
by Jersey
Another question. Having gone through the directive I've found this quote:
:

Periods of involuntary unemployment duly recorded by the relevant employment office, periods not
worked for reasons not of the person's own making and absences from work or cessation of work
due to illness or accident shall be regarded as periods of employment.
Does it mean that if as A2 citizen I came to UK in November 07 and got my blue card in December 08, it will count as period of employment? because in order to work legally you must have Registration Certificate and only after you got it you can start working.

Posted: Sun Aug 12, 2012 3:15 pm
by EUsmileWEallsmile
Jersey wrote:Another question. Having gone through the directive I've found this quote:
:

Periods of involuntary unemployment duly recorded by the relevant employment office, periods not
worked for reasons not of the person's own making and absences from work or cessation of work
due to illness or accident shall be regarded as periods of employment.
Does it mean that if as A2 citizen I came to UK in November 07 and got my blue card in December 08, it will count as period of employment? because in order to work legally you must have Registration Certificate and only after you got it you can start working.
Read this.

http://www.ukba.homeoffice.gov.uk/eucit ... a-romania/

Posted: Mon Aug 13, 2012 10:00 am
by Jersey
EUsmileWEallsmile wrote:
Jersey wrote:Another question. Having gone through the directive I've found this quote:
:

Periods of involuntary unemployment duly recorded by the relevant employment office, periods not
worked for reasons not of the person's own making and absences from work or cessation of work
due to illness or accident shall be regarded as periods of employment.
Does it mean that if as A2 citizen I came to UK in November 07 and got my blue card in December 08, it will count as period of employment? because in order to work legally you must have Registration Certificate and only after you got it you can start working.
Read this.

http://www.ukba.homeoffice.gov.uk/eucit ... a-romania/
I know these links.

So if my understanding is good, the 5 years only start to count from the moment of getting the blue card (Registration Certificate)?

Posted: Mon Aug 13, 2012 8:40 pm
by EUsmileWEallsmile
The UK's position is as follows
When you have been working legally as an employee in the UK for 12 months without a break, you will have full rights of free movement and will no longer need our permission to take work. You can then get a registration certificate confirming your right to live and work in the UK, although you do not need to do so.
I take this to mean that an A2 would need to work for one year on a work permit and then work for another five before PR (ie six years in total). However, if they were a student, self-employed person or self-sufficient person they would qualify for PR after five years.

The EU commission appears to disagree with the UK's stance (see here).

http://europa.eu/rapid/pressReleasesAct ... anguage=en

Posted: Tue Aug 14, 2012 1:22 pm
by Jersey
EUsmileWEallsmile wrote:The UK's position is as follows
When you have been working legally as an employee in the UK for 12 months without a break, you will have full rights of free movement and will no longer need our permission to take work. You can then get a registration certificate confirming your right to live and work in the UK, although you do not need to do so.
I take this to mean that an A2 would need to work for one year on a work permit and then work for another five before PR (ie six years in total). However, if they were a student, self-employed person or self-sufficient person they would qualify for PR after five years.

The EU commission appears to disagree with the UK's stance (see here).

http://europa.eu/rapid/pressReleasesAct ... anguage=en
Thank you again for your help and for the link of the EC.