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EEA PR card (one for the veterans?)

Posted: Tue Feb 02, 2016 6:57 pm
by dizzy003
Hi everyone,

First time posting, although I have been browsing the forum for some time.

My situation in brief:

* Romanian national, living in the UK since Feb 2007
* registered as Self-Employed soon after arriving
* started a 3 year full-time University course (Sept 2008 - June 2011), got a BA Degree (no CSI)
* started working as an Employee May 2009, worked without interruption until June 2012 (for the same employer)
* started another job as a full-time Employee in September 2011, still working there (worked 2 jobs between Sept 2011 - June 2012)

I hold a Yellow Card (Self-Employed) since 2007 and a Blue Card (No restrictions on employment) since 2009.

Recently I decided to apply for citizenship/naturalisation and realised that I will need the PR card first. I am happy to apply for that, then wait for 12 months once I have it, then apply for naturalisation.

My main question would be:

** do I have to include in the application form all the details I mentioned above regarding my situation or can I be "selective" in mentioning only what is needed in order to secure a positive outcome?

Or the same question, in smaller parts:

** do I have to mention my University course at all? (just realised that I should have had CSI, which I didn't, so understandably I would prefer to not even mention at all that I was a student)

** do I have to provide details of the self-employment period? (unlike my student years, I would at least have to mention the time I was Self-Employed. This is because I cannot answer the question about entering the UK first time with "Feb 2007" and not specify anything about what I did until May 2009, when I started my first job as an employee).

** is it possible they will reject my application specifically on the basis that I did not provide proof/details for the self-employment period or that I did not mention my student years at all? (considering the entire situation).

I hope my questions are clear enough. My situation might seem pretty simple at first glance (because I can easily prove qualification for PR card) but quite a bit complicated at the in the same time (due to self-employment and student period). I am hoping some of the experienced community members here might help, as I would want to get the application right the first time without having to deal with appeals :)

Thank you in advance!

Re: EEA PR card (one for the veterans?)

Posted: Tue Feb 02, 2016 9:44 pm
by noajthan
dizzy003 wrote:Hi everyone,

First time posting, although I have been browsing the forum for some time.

My situation in brief:

* Romanian national, living in the UK since Feb 2007
* registered as Self-Employed soon after arriving
* started a 3 year full-time University course (Sept 2008 - June 2011), got a BA Degree (no CSI)
* started working as an Employee May 2009, worked without interruption until June 2012 (for the same employer)
* started another job as a full-time Employee in September 2011, still working there (worked 2 jobs between Sept 2011 - June 2012)

I hold a Yellow Card (Self-Employed) since 2007 and a Blue Card (No restrictions on employment) since 2009.

Recently I decided to apply for citizenship/naturalisation and realised that I will need the PR card first. I am happy to apply for that, then wait for 12 months once I have it, then apply for naturalisation.

My main question would be:

** do I have to include in the application form all the details I mentioned above regarding my situation or can I be "selective" in mentioning only what is needed in order to secure a positive outcome?

Or the same question, in smaller parts:

** do I have to mention my University course at all? (just realised that I should have had CSI, which I didn't, so understandably I would prefer to not even mention at all that I was a student)

** do I have to provide details of the self-employment period? (unlike my student years, I would at least have to mention the time I was Self-Employed. This is because I cannot answer the question about entering the UK first time with "Feb 2007" and not specify anything about what I did until May 2009, when I started my first job as an employee).

** is it possible they will reject my application specifically on the basis that I did not provide proof/details for the self-employment period or that I did not mention my student years at all? (considering the entire situation).

I hope my questions are clear enough. My situation might seem pretty simple at first glance (because I can easily prove qualification for PR card) but quite a bit complicated at the in the same time (due to self-employment and student period). I am hoping some of the experienced community members here might help, as I would want to get the application right the first time without having to deal with appeals :)

Thank you in advance!
Typing on my phone so the short answer is:

Apply with full details.
Do not omit material facts.
You will not be penalised eg for no CSI.

You can explain your application with a cogent paragraph in 'additional/further info' section of form.

You can highlight your favoured qualifying period;
make sure its backed by unimpeachable documentary supporting evidence
- don't give HO any 'wriggle room'.

You do not, in fact, have to apply on the form, or you could use earlier (simpler) version.
.
Back to student period, did you have a foreign-issued EHIC?
Your blue/yellow RC cards may obviate the need for CSI due to a transitional arrangement.
Especially if issued to you as a student.

Furthermore you state you were working part of same period you were studying;
- you might make a case for being considered as a 'worker' even then, back in the day.

btw - if an A8 national & working up to 2011 did you register for WRS?

Now can you see why better to disclose everything.

In fact you have to sign the legally-binding Declaration vouching for your application too.

Good luck.

Re: EEA PR card (one for the veterans?)

Posted: Wed Feb 03, 2016 12:55 pm
by dizzy003
Thank you noajthan.

Unfortunately I am still confused.

It seems to me that explaining my application with a cogent paragraph does in fact leave wiggle room for HO to come back with a rejection. For example, if mentioning my student years and the fact that I did not have EHIC/CSI, they might reject me based on that even though I suggest my favoured qualifying period is the employment history. Moreover, I am not sure that I'm registered for WRS, will have to check that somehow.

Anyone else have some suggestions?

Re: EEA PR card (one for the veterans?)

Posted: Wed Feb 03, 2016 1:28 pm
by noajthan
dizzy003 wrote:Thank you noajthan.

Unfortunately I am still confused.

It seems to me that explaining my application with a cogent paragraph does in fact leave wiggle room for HO to come back with a rejection. For example, if mentioning my student years and the fact that I did not have EHIC/CSI, they might reject me based on that even though I suggest my favoured qualifying period is the employment history. Moreover, I am not sure that I'm registered for WRS, will have to check that somehow.

Anyone else have some suggestions?
You have no real choice you will need to provide history.

The point of a cover note is to spoonfeed the caseworker & make it easy for them to understand your application & the relevant qualifying period.

If you don't qualify as a student but do qualify as a worker then HO won't refuse your application just because you didn't have CSI as a student :!:

Re: EEA PR card (one for the veterans?)

Posted: Wed Feb 03, 2016 5:37 pm
by ohara
They can't reject you as some sort of punishment for not having CSI, if you do have a full 5 year qualifying period which doesn't include your time as a student.

PR is not something that is issued at the discretion of the UK government; it is a principle in EU/EEA law and whether you have acquired it or not is a matter of fact. If you provide unimpeachable evidence that you have been exercising treaty rights for 5 continuous years or more, UKVI cannot refuse to issue the PR certificate.