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EEA(PR) Studying while working pre-2011

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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DrClayman
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Joined: Sat May 28, 2016 12:14 pm

EEA(PR) Studying while working pre-2011

Post by DrClayman » Wed Jun 08, 2016 11:53 am

Hello all,

I'm trying to get my paperwork together to apply for EEA Permanent Residence through the EEA(PR) form. I'm an EU national (Greece), and I just have a few questions that I might need help with.

I worked in one job, continuously, from October 2008 to May 2014, which is more than enough to cover the five year period. I was, however, a full time student, from August 2008 to June 2010, where I was working part-time, and after that, I went full time on that same job. So here's my questions:

1. If you're a student, but working at the same time, do you need to prove CSI or anything like that. Especially considering I was a student pre-2011, is that likely to cause an issue?

2. Some people have told me not to mention I was a student, however the form explicitly asks that question, and some of the residence paperwork I'm submitting (council tax bills) state that explicitly. I'd feel uneasy lying on the form.

3. Is there a chance the small period before I started that job (aug-sep 2008) when i started studying to cause a problem? I don't want to include that on my five year period, cause from Oct 2008 to May 2014 is over five years anyway, but do you think that could cause a problem?

4. I arrived in the UK in Dec 2007, and between then and when I started studying I only had brief jobs. I worked at a restaurant for 2-3 months (Feb-Apr) and then a few days in two summer festivals. Again, that is not what I want to include in the considered period, but are they likely to raise an eyebrow because I wasn't continuously working?

5. Lastly, regarding the table requiring my activity in the UK (section 9.4), do I have to list my activity up until now, or only up to the relevant period (May 2014)? Also, it states I should start writing down my activity from when I entered the UK, is that necessary even though that's not when I want my considered period to start?

I'm sorry for writing so much, but thanks a lot for reading and looking forward to your responses.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA(PR) Studying while working pre-2011

Post by noajthan » Wed Jun 08, 2016 1:05 pm

DrClayman wrote:Hello all,

I'm trying to get my paperwork together to apply for EEA Permanent Residence through the EEA(PR) form. I'm an EU national (Greece), and I just have a few questions that I might need help with.

I worked in one job, continuously, from October 2008 to May 2014, which is more than enough to cover the five year period. I was, however, a full time student, from August 2008 to June 2010, where I was working part-time, and after that, I went full time on that same job. So here's my questions:

1. If you're a student, but working at the same time, do you need to prove CSI or anything like that. Especially considering I was a student pre-2011, is that likely to cause an issue?

2. Some people have told me not to mention I was a student, however the form explicitly asks that question, and some of the residence paperwork I'm submitting (council tax bills) state that explicitly. I'd feel uneasy lying on the form.

3. Is there a chance the small period before I started that job (aug-sep 2008) when i started studying to cause a problem? I don't want to include that on my five year period, cause from Oct 2008 to May 2014 is over five years anyway, but do you think that could cause a problem?

4. I arrived in the UK in Dec 2007, and between then and when I started studying I only had brief jobs. I worked at a restaurant for 2-3 months (Feb-Apr) and then a few days in two summer festivals. Again, that is not what I want to include in the considered period, but are they likely to raise an eyebrow because I wasn't continuously working?

5. Lastly, regarding the table requiring my activity in the UK (section 9.4), do I have to list my activity up until now, or only up to the relevant period (May 2014)? Also, it states I should start writing down my activity from when I entered the UK, is that necessary even though that's not when I want my considered period to start?

I'm sorry for writing so much, but thanks a lot for reading and looking forward to your responses.
1) No CSI required if you fall into the worker category of qualified person.
As per EU law, the work needs to be genuine and effective not marginal and supplementary.

You can dig into this vital question in HO guidance, here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 11+

2) Don't lie (obviously). Don't miss out material facts.

Take a look at the Declaration you will have to sign (on form).

The caseworker will weigh up and assess your case.
You can add a cogent cover letter to point out what you believe is your qualifying period if you want to spoonfeed the caseworker.

3) No. Anecdotal evidence and some HO guidance suggests short gaps may be overlooked.

4) You are permitted a 3-month grace period on arrival and don't need to be exercising treaty rights in that time anyway.

5) Suggest include from start of relevant period up until now.
Caseworker will want to see that PR has not lapsed if/after you have acquired it.

Some members have reported success even when not reporting activity from day one of entry in UK (especially if that was a long time ago).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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