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Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 3:21 pm
by selfmatter
Hi,

Could someone advise me on this?

So, I am trying to prove the continuous residence between FEB 2014 - FEB 2019.

I have an employment gap between Aug 2014 - Sept 2015.

1. Would it be enough just to prove my presence in UK by showing I was paying Council Tax, having bank statement and tenancy agreement?

2. Being the only director of a limited company and paying myself with the minimum of 16h/week, I believe that's called primary threshold, would this count as employment and implicitly count in proving the continuous residence?

PS. I don't have comprehensive sickness insurance.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 3:28 pm
by Alien2017
Why you don't apply for Settled Status instead Permanent Residence and you can prove it with 5 council tax? In Settled Status you have to provide documents to show your presence and you don't have to show CSI or employment for the time that you don't have it clear. I have applied for my mom providing just water bills and she got it.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 3:30 pm
by secret.simon
Are you an EEA citizen or the family member of an EEA citizen?
selfmatter wrote:
Mon Feb 18, 2019 3:21 pm
1. Would it be enough just to prove my presence in UK by showing I was paying Council Tax, having bank statement and tenancy agreement?
No. Presence is not enough. If an EEA citizen, you need to prove that you were exercising treaty rights during that period by working, seeking work, studying with CSI or being self-reliant with CSI.
selfmatter wrote:
Mon Feb 18, 2019 3:21 pm
2. Being the only director of a limited company and paying myself with the minimum of 16h/week, I believe that's called primary threshold, would this count as employment and implicitly count in proving the continuous residence?
The Home Office would check your earnings against the earnings you have declared to HMRC for that period.

As Alien2017 has pointed out, you can apply for Settled Status based on presence in the UK.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 4:26 pm
by selfmatter
Alien2017 wrote:
Mon Feb 18, 2019 3:28 pm
Why you don't apply for Settled Status instead Permanent Residence and you can prove it with 5 council tax? In Settled Status you have to provide documents to show your presence and you don't have to show CSI or employment for the time that you don't have it clear. I have applied for my mom providing just water bills and she got it.
I understand anyone from EEA needs to apply, even if you get PR. So, I would, but my post is only about PR being the first step to get UK Passport.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 4:31 pm
by CR001
selfmatter wrote:
Mon Feb 18, 2019 4:26 pm
Alien2017 wrote:
Mon Feb 18, 2019 3:28 pm
Why you don't apply for Settled Status instead Permanent Residence and you can prove it with 5 council tax? In Settled Status you have to provide documents to show your presence and you don't have to show CSI or employment for the time that you don't have it clear. I have applied for my mom providing just water bills and she got it.
I understand anyone from EEA needs to apply, even if you get PR. So, I would, but my post is only about PR being the first step to get UK Passport.
If you apply for and get 'settled' status or ILR, you can still apply for British citizenship after a year. Not sure why you believe only PR makes you eligible.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 4:33 pm
by selfmatter
secret.simon wrote:
Mon Feb 18, 2019 3:30 pm
Are you an EEA citizen or the family member of an EEA citizen?
YES, I am an EEA citizen.
No. Presence is not enough. If an EEA citizen, you need to prove that you were exercising treaty rights during that period by working, seeking work, studying with CSI or being self-reliant with CSI.
How can one prove seeking work? - As I said, I have a 1-year gap, I really don't know what to do.
selfmatter wrote:
Mon Feb 18, 2019 3:21 pm
2. Being the only director of a limited company and paying myself with the minimum of 16h/week, I believe that's called primary threshold, would this count as employment and implicitly count in proving the continuous residence? >>
The Home Office would check your earnings against the earnings you have declared to HMRC for that period.
That's fine, but does it count for PR? - as I said, it's a 16h/week with minimum pay per hour.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 4:36 pm
by selfmatter
CR001 wrote:
Mon Feb 18, 2019 4:31 pm
selfmatter wrote:
Mon Feb 18, 2019 4:26 pm
Alien2017 wrote:
Mon Feb 18, 2019 3:28 pm
Why you don't apply for Settled Status instead Permanent Residence and you can prove it with 5 council tax? In Settled Status you have to provide documents to show your presence and you don't have to show CSI or employment for the time that you don't have it clear. I have applied for my mom providing just water bills and she got it.
I understand anyone from EEA needs to apply, even if you get PR. So, I would, but my post is only about PR being the first step to get UK Passport.
If you apply for and get 'settled' status or ILR, you can still apply for British citizenship after a year. Not sure why you believe only PR makes you eligible.
Are you absolutely sure you can apply for citizenship with the permanent settled status?

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 4:39 pm
by CR001
Yes, one year after date of grant of ILR.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 4:48 pm
by selfmatter
CR001 wrote:
Mon Feb 18, 2019 4:39 pm
Yes, one year after date of grant of ILR.
Sorry, as an EEA, I think this doesn't apply to me. I can't find anywhere where says you can get UK citizenship by getting the ILR or the settled status. Can you show me where you found that?

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 5:07 pm
by selfmatter
selfmatter wrote:
Mon Feb 18, 2019 4:36 pm
CR001 wrote:
Mon Feb 18, 2019 4:31 pm
selfmatter wrote:
Mon Feb 18, 2019 4:26 pm
Alien2017 wrote:
Mon Feb 18, 2019 3:28 pm
Why you don't apply for Settled Status instead Permanent Residence and you can prove it with 5 council tax? In Settled Status you have to provide documents to show your presence and you don't have to show CSI or employment for the time that you don't have it clear. I have applied for my mom providing just water bills and she got it.
I understand anyone from EEA needs to apply, even if you get PR. So, I would, but my post is only about PR being the first step to get UK Passport.
If you apply for and get 'settled' status or ILR, you can still apply for British citizenship after a year. Not sure why you believe only PR makes you eligible.
Let's not confuse terms here, Indefinite leave to remain (ILR) I understand is the same thing as permanent residency (PR). Correct me if I'm wrong.

:arrow: BUT, where does it say you can get UK citizenship if you get the settled status? :?:

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 5:26 pm
by CR001
The new settled status give you ILR under Appendix EU. You need ILR (or PR) for 12 months before you can apply for citizenship.

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 5:27 pm
by selfmatter
One thing I really don't understand:
‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’) Image
is the same thing with
"EU Settlement Scheme"(the one starting from 30 March 2019)?

Image

Very confusing statements these days. :shock:

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 5:29 pm
by selfmatter
CR001 wrote:
Mon Feb 18, 2019 5:26 pm
The new settled status give you ILR under Appendix EU. You need ILR (or PR) for 12 months before you can apply for citizenship.
What about this statement from .gov.uk https://www.gov.uk/apply-citizenship-in ... -to-remain
"Eligibility and fees

You’ll usually be able to apply for citizenship if you’re over 18 and have had one of the following for 12 months:

- indefinite leave to remain in the UK
- ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)
- indefinite leave to enter the UK (permission to move to the UK permanently from abroad)
"

Re: Period counting for Permanent Residence - Proving it.

Posted: Mon Feb 18, 2019 5:31 pm
by CR001
selfmatter wrote:
Mon Feb 18, 2019 5:29 pm
CR001 wrote:
Mon Feb 18, 2019 5:26 pm
The new settled status give you ILR under Appendix EU. You need ILR (or PR) for 12 months before you can apply for citizenship.
What about this statement from .gov.uk https://www.gov.uk/apply-citizenship-in ... -to-remain
"Eligibility and fees

You’ll usually be able to apply for citizenship if you’re over 18 and have had one of the following for 12 months:

- indefinite leave to remain in the UK
- ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)
- indefinite leave to enter the UK (permission to move to the UK permanently from abroad)
"
Isn't that exactly what I have said?? :idea: :idea: