Page 1 of 1
EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 4:27 am
by Zozo123
first if all my apologies if im not posting in the right forum...But i kindly need advice on my situation as im confused.
I am a German citizen , arrived in UK IN SEPTEMBER 2010, I never had any residence card before. I started work on April 2011 and have been since in work. I had two children the oldest will 5 years this May 2016. The two children are British citizen from their father.
I am a single mother, have never been married or in long relationship. I work 16 hours a week as a waitress on low income I currently get around £500 a month and been in this job around around 3 years, my two previous jobs also are 16 hours and I don't have all payslips or p60s from previous jobs, will my low income be problem?
Now my work colleague advised me to apply for British citizen but to apply before a permenant residence and I don't really know any clue as when I read the application it is very complicated and about 80 pages.
Can anyone please help me in this form which sections I need to fill or under what category I should apply. As I said my previous jobs I don't have all p60s and I have few payslips. I tried to see if I can get p60 from them one of the companies had already closed down, so can anyone advise where I can get p60s ? Would HMRC give me copies of that or what evidence I should put in my form.
And please in my situation what evidence I need to apply with form ?
One last thing I claim working tax credit, CtC and housing benefit. And am 23 yrs old.
Any advice however small I will be very much appreciated and thankful for everyone.
Re: EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 12:12 pm
by noajthan
You will need to show you have been exercising treaty rights in UK, continuously, for 5 years with no breaks.
This could be as a worker, self-employed, as a student or self-sufficient person.
You will need adequate documentary supporting evidence.
Any gaps in your timeline will be a problem, as will any gaps in your evidence.
You can try contacting HMRC for your tax & NI history which will help support your case as worker.
Its not necessary to apply for confirmation of PR on the latest (monster) form;
for example, you can use an earlier (simpler) version of the form as long as you pay the correct fee & supply biometrics info.
Re: EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 1:10 pm
by Zozo123
noajthan wrote:You will need to show you have been exercising treaty rights in UK, continuously, for 5 years with no breaks.
This could be as a worker, self-employed, as a student or self-sufficient person.
You will need adequate documentary supporting evidence.
Any gaps in your timeline will be a problem, as will any gaps in your evidence.
You can try contacting HMRC for your tax & NI history which will help support your case as worker.
Its not necessary to apply for confirmation of PR on the latest (monster) form;
for example, you can use an earlier (simpler) version of the form as long as you pay the correct fee & supply biometrics info.
Thank you very much for reply,
Please can you kindly tell me more details what is documentary supporting evidence will be like, payslips for every month, p60 for every year is enough?
I contacted my current employer and he said I can get copy of my p60 so I am only missing one p60 from my previous employer, I have some payslips ! But how I can get the NI history from HMRC? Any contact number you have? I never stopped between jobs, as I find job then leave previous one, so will that be recorded in the tax office?
Other thing do I need to only prove my work for 5 years? Do I need bills, or rent evidence or anything like that?
Again aim very thankful for any info or help. Much appreciated
Re: EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 1:14 pm
by Zozo123
noajthan wrote:
Its not necessary to apply for confirmation of PR on the latest (monster) form;
for example, you can use an earlier (simpler) version of the form as long as you pay the correct fee & supply biometrics info.
Another thing please, where I can find copy of these earlier simpler version of the forms, and do I need to give biometric info if am German, as in the 85 pages form it say only if non EEA.
THANKS again
Re: EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 1:26 pm
by noajthan
Zozo123 wrote:Another thing please, where I can find copy of these earlier simpler version of the forms, and do I need to give biometric info if am German, as in the 85 pages form it say only if non EEA.
THANKS again
Here's one form:
https://portal.mpsv.cz/eures/podminky/b ... /eea31.pdf
You are correct, biometrics are for non-EEA persons.
Re: EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 1:27 pm
by LilyLalilu
The previous form is called EEA3, if you google this it should come up (can't find the link as I am currently on my mobile).
Re: EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 7:35 pm
by Zozo123
Thanks, I find the EEA3 form, but again am sorry to ask is it really enough to fill this form as it's much simpler and less questions.
The part in new form about what benefit I get as Child tax credit, wtc and child benefit with housing benefits (for my British kids) is not mentioned in this old form is that mean they not important and home office will not delay my application if I fill old one,
Also Please can you kindly tell me more details what is documentary supporting evidence will be like, payslips for every month, p60 for every year is enough?
I contacted my current employer and he said I can get copy of my p60 so I am only missing one p60 from my previous employer, I have some payslips ! But how I can get the NI history from HMRC? Any contact number you have? I never stopped between jobs, as I find job then leave previous one, so will that be recorded in the tax office?
Other thing do I need to only prove my work for 5 years? Do I need bills, or rent evidence or anything like that?
Again aim very thankful for any info or help. Much appreciated
Re: EU citizen apply for permenant residence
Posted: Mon Mar 21, 2016 9:23 pm
by LilyLalilu
Thanks, I find the EEA3 form, but again am sorry to ask is it really enough to fill this form as it's much simpler and less questions.
The part in new form about what benefit I get as Child tax credit, wtc and child benefit with housing benefits (for my British kids) is not mentioned in this old form is that mean they not important and home office will not delay my application if I fill old one,
You are not legally required to use the current (or for that matter any) form and they cannot refuse your application simply because you are not applying on the current form. However, not sure if they would delay things out of spite, you'd hope they wouldn't..
You do not have to tell them which benefits you claimed and as you were a worker the fact that you claimed benefits to which you were clearly entitled should't be an issue anyways.
Also Please can you kindly tell me more details what is documentary supporting evidence will be like, payslips for every month, p60 for every year is enough?
I'd err on the side of caution and supply as much evidence as you have to give the Home Office no wriggle room. However, if you only have p60s that should be fine, even more so if you also submit a record of your NI contributions. You can request your NI contribution statement via this link:
https://online.hmrc.gov.uk/shortforms/form/NIStatement
You need to prove treaty rights (in your case work) and residence for 5 continuous years. P60s indirectly also prove residence but I suggest you also provide some additional evidence of residence such as bank statements, bills, tenancy agreement or something similar. Whatever you've got really.
As you say you're German, check out this link where I have (briefly) summarised how to apply for a PR document and later citizenship, it may be of help:
http://www.deutsche-in-london.net/forum ... eu-bürger/
Re: EU citizen apply for permenant residence
Posted: Tue Mar 22, 2016 3:42 pm
by Zozo123
LilyLalilu wrote:
Also Please can you kindly tell me more details what is documentary supporting evidence will be like, payslips for every month, p60 for every year is enough?
I'd err on the side of caution and supply as much evidence as you have to give the Home Office no wriggle room. However, if you only have p60s that should be fine, even more so if you also submit a record of your NI contributions. You can request your NI contribution statement via this link:
https://online.hmrc.gov.uk/shortforms/form/NIStatement
You need to prove treaty rights (in your case work) and residence for 5 continuous years. P60s indirectly also prove residence but I suggest you also provide some additional evidence of residence such as bank statements, bills, tenancy agreement or something similar. Whatever you've got really.
/
Thank you so much for all the advice and help, I really very much grateful and appreciated it a lot.
Please just one more piece of advice needed, it's about my salary it's currently on low income £500 month because I read here on forum that some people say they get refused for low income or that is the only case for self employed?
Other thing is it good idea to include that I have two British kids (one is 5 years) as that could help in the application or no need , the reason they ask Bec in section 15 where I fill about what public funds I get CtC and Wtc housing benefit and child benefit for my kids. If so where I can mention that ? Shall I include that in extra letter with kids passports and birth certificates?
Again that's everyone
LilyLalilu Vielen dank für ihre hilfe und beratung
Re: EU citizen apply for permenant residence
Posted: Tue Mar 22, 2016 6:07 pm
by noajthan
Zozo123 wrote:Thank you so much for all the advice and help, I really very much grateful and appreciated it a lot.
Please just one more piece of advice needed, it's about my salary it's currently on low income £500 month because I read here on forum that some people say they get refused for low income or that is the only case for self employed?
Other thing is it good idea to include that I have two British kids (one is 5 years) as that could help in the application or no need , the reason they ask Bec in section 15 where I fill about what public funds I get CtC and Wtc housing benefit and child benefit for my kids. If so where I can mention that ? Shall I include that in extra letter with kids passports and birth certificates?
Again that's everyone
LilyLalilu Vielen dank für ihre hilfe und beratung
All that EU law says is work needs to be
genuine and effective.
It is UK that may apply the somewhat controversial MET test to you.
In any event you can't go back in time and give yourself a pay rise; all you can do is supply good documentary evidence about your work.
Having British children should neither help nor hinder you. There is no need to include them on the form as they do not need PR.
Re: EU citizen apply for permenant residence
Posted: Sat Apr 02, 2016 1:02 am
by Zozo123
LilyLalilu wrote:
Isupply as much evidence as you have to give the Home Office no wriggle room. However, if you only have p60s that should be fine, even more so if you also submit a record of your NI contributions. You can request your NI contribution statement via this link:
https://online.hmrc.gov.uk/shortforms/form/NIStatement
You need to prove treaty rights (in your case work) and residence for 5 continuous years. P60s indirectly also prove residence but I suggest you also provide some additional evidence of residence such as bank statements, bills, tenancy agreement or something similar. Whatever you've got really.
I applied for NI statement and today I received my NI Record , it say I have three qualifying year up to April 2015 . A qualifying year is a year in which sufficient NICs have been paid or credited to make that year count towards benefits, for example state pension.
If you reach state pension age before 6april 2016 you will need 30 qualifying years to get a full state pension. Different rules apply to certain bereavement benefits.
In this letter there is two years where it say I have to make payment (until2023, one is £100, other is £600+)
I really don't know what that mean, I was expecting a letter to say when I was working and some information I can use instead of the payslips that I did not find. Anyone know wha t this letter mean? My employer was not paying tax for me or what?
Would this letter satisfy home office that I was working as it did not state any Information or details about my jobs and dates and things like that
Again lily and all moderators any advice or help would be greatly appreciated. Thanks in advance
Re: EU citizen apply for permenant residence
Posted: Sat Apr 02, 2016 1:13 pm
by Richard W
Zozo123 wrote:One last thing I claim working tax credit, CtC and housing benefit.
With your very low pay, I think receiving working tax credit would be good evidence that you are a worker. To be precise, the Home Office will be faced with the evidence that another government department is treating you as a worker.
Re: EU citizen apply for permenant residence
Posted: Sat Apr 02, 2016 1:22 pm
by noajthan
Zozo123 wrote:LilyLalilu wrote:
Isupply as much evidence as you have to give the Home Office no wriggle room. However, if you only have p60s that should be fine, even more so if you also submit a record of your NI contributions. You can request your NI contribution statement via this link:
https://online.hmrc.gov.uk/shortforms/form/NIStatement
You need to prove treaty rights (in your case work) and residence for 5 continuous years. P60s indirectly also prove residence but I suggest you also provide some additional evidence of residence such as bank statements, bills, tenancy agreement or something similar. Whatever you've got really.
I applied for NI statement and today I received my NI Record , it say I have three qualifying year up to April 2015 . A qualifying year is a year in which sufficient NICs have been paid or credited to make that year count towards benefits, for example state pension.
If you reach state pension age before 6april 2016 you will need 30 qualifying years to get a full state pension. Different rules apply to certain bereavement benefits.
In this letter there is two years where it say I have to make payment (until2023, one is £100, other is £600+)
I really don't know what that mean, I was expecting a letter to say when I was working and some information I can use instead of the payslips that I did not find. Anyone know wha t this letter mean? My employer was not paying tax for me or what?
Would this letter satisfy home office that I was working as it did not state any Information or details about my jobs and dates and things like that
Again lily and all moderators any advice or help would be greatly appreciated. Thanks in advance
The NI statement summarises your NI contributions year by year.
If you are paying NI it indicates you are in employment in the UK, so, indirectly, it helps to show you were exercising treaty rights by working.
The statement should help satisfy HO that you worked in those years.
For the 2 years that it invites you to pay a top up it means your income in those years must have been lower than some threshold; so your NI contribution in those years was lower.
That is nothing to do with immigration but if you want those years to count towards a future state pension then you can top them up.
Or you can leave it on the assumption that you will be paying adequate NI in other, future years (assuming you plan to stay in UK and hope to collect a state pension).