Doubts EEA(QP) form

[jmmo20]

Hi all,

I'm looking into requesting perment resident status at the end of this year in preparation for applying for british citizenship at some point in the future. As a EU national I've been living on an off in the UK for most of my adult life; I went to University in the UK, then I worked for a year, then moved away for a PhD and then came back to look for a job and then found one. So in the last 15 years I've been living here for 10 but with a big gap in the middle.

Anyways, back to the point.

1) I moved to the UK with my partner in Dec 2011.
2) I came with my partner who had a job. I was self-sufficient financially but we shared costs
3) From Dec 2011 to Jan 2013 I was looking for a job but never applied for job seekers allowance as I was self-suficient and had my partner's income too
4) From Jan 2013 to now I've had a permanent job

So in Dec 2016 I will have lived in the UK for 5 years.
I've been looking at the EEA(QP) forms but I'm rather confused as to how and when I should apply.

If I choose the "worker" category then I will state a starting date of Jan 2013 and as such my 5 years would be on Jan 2018 instead of dec 2016.

Should I fill in both sections for workers and self-sufficient? or job seeker from dec 2011 to jan 2013 then worker from jan 2013 onwards?

what do people do if they actually change jobs? because in section 3 you only have room for the most recent employment.

I can't find anywhere in the form an actual question of "when did you actually move to the UK" irrespective of your current job. Am I missing something? or is the form deliberately confusing?

thanks!

[noajthan]

Hi all,

I'm looking into requesting perment resident status at the end of this year in preparation for applying for british citizenship at some point in the future. As a EU national I've been living on an off in the UK for most of my adult life; I went to University in the UK, then I worked for a year, then moved away for a PhD and then came back to look for a job and then found one. So in the last 15 years I've been living here for 10 but with a big gap in the middle.

Anyways, back to the point.

... Am I missing something? or is the form deliberately confusing?

thanks!

You're looking at wrong form.
And yes, the forms are poorly designed and confusing. Whether that is intentional I could not possibly say.

EEA QP is for an optional registration certificate (for an EEA national). As you've survived in UK for so long you probably dont need one now.

To shoot for confirmation of PR you use this form (maybe):
https://www.gov.uk/government/publicati ... orm-eea-pr

I say maybe as its a 'monster' form and not mandatory to be used.
You could go commando and apply by letter or use an earlier (simpler) version of the form.

Here's the thing, you need to show you have been exercising treaty rights as a qualified person (ie in an immigration context not academic context), continuously, for 5 years.

To maintain continuity of residence, any/all absences from UK must have been within prescribed limits.

If you were a student or a self-sufficient person you will (with a few exceptions) have needed CSI in place (ie health insurance).

Did you have CSI when self-sufficient

If not your PR clock may have been stopped at that time.
Unless you acquired PR earlier in your time in UK you may not have acquired PR yet.

Can you elaborate on your timeline and activities (in UK)
When did you arrive in UK?
How long were you away for (for PhD)?

Is partner an EEA national?
if so, have they been exercising treaty rights continuously for 5 years in UK, as a qualified person, (whilst you were together in UK)?

Or, in earlier years, did you have an EEA parent in UK who was, (you guessed it), exercising treaty rights continuously for 5 years in UK, as a qualified person, (whilst you were together in UK)?

[jmmo20]

Here's the thing, you need to show you have been exercising treaty rights as a qualified person (ie in an immigration context not academic context), continuously, for 5 years.

This is the confusing part. Treaty rights as I understand are
1) working in the UK
2) self-sufficient
3) looking for a job

and a few other categories. But how do you demonstrate either 2 or 3?
In my case I moved in Dec 2011, and I was already looking for a job from before that date and continued until Jan 2013. I'm a scientist and that was a bad time so it's not that unusual to take that long to find a permanent scientist job. During that time I had my own savings, and I had support from my parents in Spain, and I had support from my partner who was working in the UK.

To maintain continuity of residence, any/all absences from UK must have been within prescribed limits.

Although I had lived in the UK before I'm not counting that time as it was long ago. I'm only taking into account my last 4.5 years in the UK (from Dec 2011) when I've been residing continuously in the UK with short absences for holidays

If you were a student or a self-sufficient person you will (with a few exceptions) have needed CSI in place (ie health insurance). Did you have CSI when self-sufficient

The first few months I had my Spanish EHIC and after a few months I registered at my local GP

Did you have CSI when self-sufficient If not your PR clock may have been stopped at that time.
Unless you acquired PR earlier in your time in UK you may not have acquired PR yet.

But that's what I don't get. As a EU national I was entitled to exercise my Treaty right in the sense that I was looking for a job and then found one.

Can you elaborate on your timeline and activities (in UK)
When did you arrive in UK?
How long were you away for (for PhD)?

OK so I've lived in the UK for two periods in my life

1st time: Sept 2001 to June 2005 (attended university for a BSc then worked for 1 year as intern)

2nd Time: Dec 2011 to now of which
Dec 2011 to Jan 2013 I was looking for a job
Jan 2013 to now, employed by a company

Is partner an EEA national?
if so, have they been exercising treaty rights continuously for 5 years in UK, as a qualified person, (whilst you were together in UK)?

No he's actually out of the picture for this as he moved to a different country after a couple of years so he was only resident in the UK for 2 years.

Or, in earlier years, did you have an EEA parent in UK who was, (you guessed it), exercising treaty rights continuously for 5 years in UK, as a qualified person, (whilst you were together in UK)?

Nope

[LilyLalilu]

This is the confusing part. Treaty rights as I understand are
1) working in the UK
2) self-sufficient
3) looking for a job

and a few other categories. But how do you demonstrate either 2 or 3?

EEA PR form and guidance notes explain which types of evidence you should provide.
Jobseeker status can be proven by applications, invitations to interview, rejection letters, CVs & degree certificates etc. The burden of proof is on you - best to provide as much evidence as possible.
Self-sufficient status: I sent a bank statement showing funds and proof of a private health insurance plan. If you did not have private health insurance but had a non-UK EHIC you can try sending this to substitute private health insurance.

[jmmo20]

I hope I kept my EHIC card somewhere.. I think I might have thrown it away

[jmmo20]

No I never kept the EHIC card. How important is it?
Considering Spain issues these cards by default, I might be able to get a certificate of something from the health authorities. It would be a little silly to have to wait an extra year just because of this card....

[LilyLalilu]

A certificate from the Spanish health authorities (translated into English) should do the job as well.

[jmmo20]

It turns out I might have an issue here.
It turns out that unknowingly I had no EHIC coverage during the time I was looking for a job in the UK (Dec 2011 to Dec 2012). I never worried too much because I registered at a GP in April 2012 and had no issues at all.

Will that invalidate my first year as job seeker in the UK?

[jmmo20]

I've been talking to the someone at the Spanish NHS equivalent.

It turns out that even if I had an EHIC it would have been invalidated the minute I became a resident in the UK. They say the EHIC only covers in transit situations but that the minute I settled in the UK, the Spanish NHS doesn't cover you anymore.

So I'm just confused, from their explanation even If I had a EHIC card for that period, it would be "ilegal" to use it for the Spanish authorities, but if I don't have EHIC then the UK doesn't consider I'm exercising my treaty rights?

I'm very confused indeed.

[LilyLalilu]

So you cannot claim that you were self-sufficient due to lack of CSI however, you can still count the time from Dec 2011 as a job seeker if you can provide enough evidence that you were looking for work. Job seekers do not need CSI.
As you were a job seeker for over 6 months, you will need to demonstrate that you had a genuine chance of finding employment, eg through your interview letters, CV, degree certificates or any professional development courses you may have undertaken during this time. The fact that you did find a job in the end should also be counted in your favour.

[jmmo20]

I found the following which is encouraging:

https://www.freemovement.org.uk/compreh ... -needs-it/

You will need this (CSI) if you are a student or someone not working nor seeking work – that is, a self-sufficient person.

https://www.gov.uk/government/uploads/s ... _clean.pdf

Regulation 4(1)(c) and (d) of the Immigration European Economic Area (EEA) Regulations
2006 states that nationals living in the UK as self sufficient people or students must have
comprehensive sickness insurance.

--

So no mention for job-seekers.. and no mention to CSI in the section for job seekers either

This page tells you how a European Economic Area (EEA) national can be a qualified
person in the jobseeker category under the Immigration (European Economic Area)
Regulations 2006 (as amended).
Croatian nationals who come under worker authorisation cannot be considered as
jobseekers. Further information on Croatian nationals can be found in the related link:
Accession state countries.
A jobseeker is defined in regulation 6(4) of the Immigration (EEA) Regulations 2006 (‘the
Regulations’) as an EEA national who:
 enters the UK in order to seek employment
 is present in the UK seeking employment, immediately after enjoying a right to reside
as a:
oworker
oself-employed person
oself-sufficient person
ostudent
 can provide evidenc

[noajthan]

It turns out I might have an issue here.
It turns out that unknowingly I had no EHIC coverage during the time I was looking for a job in the UK (Dec 2011 to Dec 2012). I never worried too much because I registered at a GP in April 2012 and had no issues at all.

Will that invalidate my first year as job seeker in the UK?

Health cover (CSI/EHIC) is not required by a jobseeker in ordrer to qualify as a qualified person.
It is only required by a student or self-sufficient qualified person.

[jmmo20]

It turns out I might have an issue here.
It turns out that unknowingly I had no EHIC coverage during the time I was looking for a job in the UK (Dec 2011 to Dec 2012). I never worried too much because I registered at a GP in April 2012 and had no issues at all.

Will that invalidate my first year as job seeker in the UK?

Health cover (CSI/EHIC) is not required by a jobseeker in ordrer to qualify as a qualified person.
It is only required by a student or self-sufficient qualified person.

that's amazing news. Thanks all for your help. I'll start gathering all documents

[jmmo20]

I guess my doubt now is whether all of this is likely to change before I can request Permanent residency in Dec 2016 and citizenship in Dec 2017?

Also, does Britain typically ask non-EU migrants to give up their previous citizenship? For example someone from a third country such as the US or Mexico?

At the moment all 3 million EU migrants in the UK have had no reason to apply for citizenship, but that is now likely to change, surely they would want to stop those 3 million from potentially becoming British and being able to vote in general elections?

[ohara]

UK permits multiple citizenship pretty much unconditionally. You will need to check the nationality law in your home country to make sure they are the same, as you may lose your current citizenship upon becoming a British citizen.

Nobody knows what will happen as regards to PR and the rights of EEA citizens in the UK until negotiations for Brexit start (if ever).

It's unlikely the Home Office will stop EEA citizens applying to naturalise here. Previously they had no reason to, because EU free movement afforded them almost the same rights in the UK as British citizens (with certain exceptions like voting in general election, and jobs in sensitive areas e.g government and military).

Faced with the prospect of losing EU free movement though, those citizens who have moved their lives to the UK will obviously want to secure their future here by naturalising. It would be insane if HO tried to prevent that happening.

[Richard W]

Faced with the prospect of losing EU free movement though, those citizens who have moved their lives to the UK will obviously want to secure their future here by naturalising. It would be insane if HO tried to prevent that happening.

I'm glad you can rule insanity out. As 3m voters would be enough to change the referendum vote, I wouldn't rule insanity out. Some countries require new citizens to have been citizens for several years before they are allowed to vote.

[Valentina Scalfari]

Hi,
I need an advice concerning the Section 6 of the Format EEA (QP).
I'm a Self sufficient , and my sources are my saving so I don't know how to claim them in the format
Thanks