British citizenship -retain worker status in treaty rights

[vinny]

M.

[Condor82]

Also in the worst case scenario: when can I apply again for EEAPR and achieve it? (Quite annoying 'cause I have already passed life in the UK and the English test)

Thanks

Life in the UK and English language test have absolutely nothing to do with EEA permanent residence.

You can apply once you have been exercising treaty rights for 5 continuous years.

When I took the tests EEA PR form was not a requirement, I had to fill only the naturalisation form.

Anyway skipping that it concerns to me they are applying retrospective laws to my case when I never attended the gwp test.

[Condor82]

Thanks for your reply,

When I was on benefits I never had or failed assessments and my requirement was proving I was having interviews (showing them contact numbers and emails) that I have always satisfied. Like I said I attended A4e and other local sessions to improve my changes to get employed. They never stopped my benefits in that period so I'm assuming everything was OK.

The first wave of Genuine Prospect of Work interviews took place from 9 May 2015 onwards.

I started working on February 2015 so that did not apply to my situation (I closed my benefits at the end of January 2015).

What do you think I should do?

Also in the worst case scenario: When can I apply again for EEA PR and achieve it?

Thanks

Please let me know.

[noajthan]

What do you think I should do?

Also in the worst case scenario: when can I apply again for EEAPR and achieve it? (Quite annoying 'cause I have already passed life in the UK and the English test)

Thanks

Worst case: you started work in Feb 2015.
Ordinarily, you should/could/would acquire PR in Feb 2020.

You may now have to rely on any transitional arrangements (yet to be announced and put in place) as UK could/should be gone from EU by 2020.

Otherwise try to make a case based on acquiring PR from 2009-2014.
If you can show you acquired PR during 2014 (whilst a jobseeker) it should not matter that you carried on jobseeking until early 2015 because settled persons (with PR) don't have to exercise treaty rights.

Suggest itemise your timeline on that basis (2009-2014); see how it stacks up.

[Condor82]

Thanks for your reply.

How that would work considering that:

I moved to the UK in June 2009,

I started working in September 2009 and because I was made redundant twice I claimed benefits from February 2011 to May 2012 and from July 2013 to January 2015.
I'm currently working again since February 2015.

Please let me know and many thanks in advance!

[noajthan]

Thanks for your reply.

How that would work considering that:

I moved to the UK in June 2009,

I started working in September 2009 and because I was made redundant twice I claimed benefits from February 2011 to May 2012 and from July 2013 to January 2015.
I'm currently working again since February 2015.

Please let me know and many thanks in advance!

Period to focus on is Sept 2009 - Sept 2014.

The problem areas are 15 months jobseeking/benefits from Feb 2011.
And 14 months jobseeking/benefits from July 2013.
It may still be insurmountable.

Were you in UK all the time since 2009 or did you enjoy any absences (abroad)?

[Condor82]

Not lots of days, just few holidays to visit my family.

Honestly I do not understand why they applied to my case the regulation about the 91 days that came into force on 10th November 2014 as you can read below

http://www.immigrationboards.com/eea-ro ... l#p1381468

According to the link above they started GOPW tests in February and I was already working that time (never done that test) therefore I do not think that's fair that I was subjected to this regulation.

What do you think?

Please let me know and many thanks!

[noajthan]

Not lots of days, just few holidays to visit my family.

Honestly I do not understand why they applied to my case the regulation about the 91 days that came into force on 10th November 2014 as you can read below

http://www.immigrationboards.com/eea-ro ... l#p1381468

According to the link above they started GOPW tests in February and I was already working that time (never done that test) therefore I do not think that's fair that I was subjected to this regulation.

What do you think?

Please let me know and many thanks!

I'm not familiar with the ins and outs of such cases but you may be able to build a case based on that point - especially as you may have already acquired PR by September 2014;
you will probably need appropriate legal advice to do so.

[Condor82]

I had a consultation with a solicitor (they are quite famous according to the online reviews) but he did not know about this limit of 91 days or the GPOW test (and that was quite annoying considering the cost of 1hr consultation) so I told him that the 91 days limit was applied to my case (despite I started claiming benefits before these clauses were introduced and I was never called for a test 'cause I started working when they started calling to attend those tests) and he said that because they are using this retrospective law there is nothing I can do.
So basically I cannot build a case from September 2009 to September 2014.

Do you think is he right?

[Petaltop]

I'm Italian and I have been living in London since June 2009, therefore 6 years and 4 months.

from part of 2011/2012 I applied for JSA and housing benefits for more than 1 year.


on JSA (but no housing benefits) from July 2013 to January 2015.


Now I'm working since February 2015.

Neraly 3 years of your 6 years in the UK, looking for work! You seemed to have spent a lot of your time living off the UK taxpayers. You are not meant to be a burden to another EEA country, when you use free movement.

[noajthan]

HO is playing hardball in this area by extending the scope of its gpow test and backdating it to cover existing JSA beneficiaries:
https://www.freemovement.org.uk/benefit ... 4-changes/

This analysis suggests HO is backdating the policy or at least probing further back in time.

[Condor82]

Great news! They revised my case and I have received my permanent residence card!

I can finally apply for Citizenship!

[noajthan]

Great news! They revised my case and I have received my permanent residence card!

I can finally apply for Citizenship!

Congratulations.
Were you advised of the date that HO accept you had acquired PR by? (not same as date of issue of card).

[noajthan]

@Condor82, you are doubling up with same question in 2 topics. There is no need to do that.
Posts moved.