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Hi, I would appreciate if I could get help with the question below.

I moved to the UK with my father in 2003. He couldn't find a job and started signing on right away. From 2003-2008 he was on JSA, and subsequently moved onto Pension Credit as he reached the pension age. I was under 21 and studying at school. I'm thinking of applying for PR using his status for 2003-2008. Was he exercising treaty rights between 2003 and 2008 as a jobseeker by attending the Jobcentre, and being in receipt of JSA?

Pahkina wrote:Hi, I would appreciate if I could get help with the question below.

I moved to the UK with my father in 2003. He couldn't find a job and started signing on right away. From 2003-2008 he was on JSA, and subsequently moved onto Pension Credit as he reached the pension age. I was under 21 and studying at school. I'm thinking of applying for PR using his status for 2003-2008. Was he exercising treaty rights between 2003 and 2008 as a jobseeker by attending the Jobcentre, and being in receipt of JSA?

Is father an EEA citizen?
HO have a genuine prospect of work test; if they apply that test to your parent/sponsor its unlikely he will be considered to have been exercising treaty rights.

What have you done in UK since 2008?

My father is also EU national. Despite not working since arriving here, due to personal issues he's had, he was granted PR after applying for it. He applied for the PR when he reached the state pension age. There was a period when the DWP stopped his JSA payments, but he passed their habitual residence test and the JSA was reinstated.I was over 21 and left home when he was granted PR therefore cannot
I've been a student for 6 years while I was living at home but didn't have a CSI. Since completing my studies I've been self-employed, and again without a CSI. What options do I have in regards to applying for a PR card.

Pahkina wrote:My father is also EU national. Despite not working since arriving here, due to personal issues he's had, he was granted PR after applying for it. He applied for the PR when he reached the state pension age. There was a period when the DWP stopped his JSA payments, but he passed their habitual residence test and the JSA was reinstated.I was over 21 and left home when he was granted PR therefore cannot
I've been a student for 6 years while I was living at home but didn't have a CSI. Since completing my studies I've been self-employed, and again without a CSI. What options do I have in regards to applying for a PR card.

Its not clear. To have acquired PR on retirement, as per Regulation 5, he must have been working for 12 months before retiring (& lived in UK at least 3 years).
You should have applied as a family member on his application at the time.

I don't know if you can apply now, with same evidence that father used at the time to acquire PR.
You only risk the PR fee to find out..

As father has PR now he could sponsor you if you can show dependency (over age 21).
It seems that doesn't apply.

Did you have a RC issued in/before 2011 (when you were a student)? Then your student years could count towards acquiring PR.

You can apply in own right if you have been self-employed or otherwise exercising treaty rights continuously for 5 years.
Your work will have to be genuine and effective so it can pass the MET/PET test that HO will apply to you.

Thanks for the replies. I didn't seem to finish the sentence in my previous post....I was over 21 and left home before he was granted PR therefore cannot apply as a dependant.

I remember having a blue card with 5 year expiry date, is that the RC card?
My father sent his benefit letters and the aforementioned blue card with his application for PR, which was granted.

I have a business, which I've been running since finishing my studies, but don't have CSI. Would the CSI apply to studies completed before 2011. So am I right to presume that my years as a student prior to 2011 won't count as exercising treaty rights because I didn't have CSI. Also my father's status as a jobseeker between 2003-2008 won't count because he was on JSA?

Pahkina wrote:Thanks for the replies. I didn't seem to finish the sentence in my previous post....I was over 21 and left home before he was granted PR therefore cannot apply as a dependant.

I remember having a blue card with 5 year expiry date, is that the RC card?
My father sent his benefit letters and the aforementioned blue card with his application for PR, which was granted.

I have a business, which I've been running since finishing my studies, but don't have CSI. Would the CSI apply to studies completed before 2011. So am I right to presume that my years as a student prior to 2011 won't count as exercising treaty rights because I didn't have CSI. Also my father's status as a jobseeker between 2003-2008 won't count because he was on JSA?

You don't need CSI as a self-employed qualified person.
And if you had that blue card in/before 2011 then your student years may count as such a RC can replace any need for CSI.

So you have some options even to apply in your own right.

What is your timeline?
Do you have a combined 5 year period made up of:
being a student (with blue card)
and/or
of being self-employed (genuine and effective work, reasonable income, paying tax/NI etc)

- all with rock-solid documentary supporting evidence?

I have letters from college and university for a period of 6 years. The blue card was a papercard with a 5 year expiry date not the one for A8 countries ( I'm from Finland). Unfortunately I've lost it but I'm sure the HO will have a record of it. Do you reckon that will suffice for the PR application?

Pahkina wrote:I have letters from college and university for a period of 6 years. The blue card was a papercard with a 5 year expiry date not the one for A8 countries ( I'm from Finland). Unfortunately I've lost it but I'm sure the HO will have a record of it. Do you reckon that will suffice for the PR application?

You need to submit your supporting evidence as that is what backs up your case and is assessed.
You can't expect a caseworker to do all the running around and join up the dots for you. They won't, they will just refuse you.

Rule #1 of UK migration is to scan & keep copies of everything in any/all dealings with HO - for ever.

Do you have any letters that came with the card?
Original application form for the card?
Suggest requesting a SAR from UKVI, see if its at least recorded there.

If you find it its likely your student years can be counted; if you can't find it they probably can't be counted.

Otherwise you'd better have a shot at qualifying as a self-employed qualified person.

Again you will need rock-solid if not unimpeachable documentary supporting evidence.
After all, why give HO the Spam of 'wriggle room' and the satisfaction of refusing you.

Thank you very much noajthan. I'll try the student option first but unfortunately don't have a trace of that blue card. I'll request a SAR from UKIV. I have letters from college and university confirming my attendance, A-level certificates and a degree certificate.