Application for PR - A8 national questions

[gabgab]

Good evening all!



I am A8 national and I am about to submit my application for Permanent Residence for myself and my non - EU spouse (I am the sponsor).
I am not sure where to post my questions so Admins please move my post if necessary.


I read PR(FM) application and the guidance notes. However, I still have some questions and I would really appreciate if anyone could help me.

1. WRS - I know it's been 5 years since it was abolished but Application Form still requires me to send one. I have registered back in 2008 and I have one but do I need to attach it to my application if technically it should not be required anymore?

2. I had completed a degree in the UK and approx the first 2 weeks of me being "qualified person" and exercising my treaty rights will be based on this status. Thankfully, I had the comprehensive sickness insurance. Then, I had worked for a month in a restaurant in the summer time. I do have payslips from that time but I do not have P60 or any confirmation letter /contract. I called them up asking for a letter confirming I worked there but I was told that the company is in liquidation and that they do not have employee records anymore. I told them I still have payslips with employee number, which I was willing to email them. I was told that they could not issue me with a letter, as they are not able to verify if I worked there. I rang HMRC asking for my employment history and surprise surprise that company was not on my employment history. I was paid in cash so there are no bank transfers etc Now, I was also a student at the same time. Should I include that one month in my application and explain what happened or should I base my status on me being a student? From what I read, writing Home Office a story of my life may backfire so any advice will be appreciated.

3. It appears I do not have to send any conformation that I live/ have lived with my spouse. I will send some anyway but do I need to send any confirmation of his employment in the past 5 years? When I rang HO they appeared to be confused about it themselves.


4. Regarding Criminal Convictions. My spouse has points for speeding and jumping red light on his licence. This was dealt by FPN and he has never been to court. I received 3 points and FPN for speeding in my home country on my European Driving Licence 7 years ago. The application states that you do not have to disclose FPNs unless they were dealt by court. As I am very suspicious of HO, I am not sure should I disclose them to prove I have nothing to hide or should I just leave it as there is no requirement to disclose them? Although speeding tickets are not a conviction per se but will they affect our application in any way

4. Finally, I do not appreciate this long and confusing application and I am planning to send a covering letter. Has anyone used a covering letter instead of application? Any advice? What should be included in that covering letter apart from my personal history? Should I mention any regulations etc?

I do apologise for a very long post but any help will be greatly appreciated.

Well done to all of you who received their PR. Fingers crossed to all who are still waiting.

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

Good evening all!

I am A8 national and I am about to submit my application for Permanent Residence for myself and my non - EU spouse (I am the sponsor).
I am not sure where to post my questions so Admins please move my post if necessary.

I read PR(FM) application and the guidance notes. However, I still have some questions and I would really appreciate if anyone could help me.

1. WRS - I know it's been 5 years since it was abolished but Application Form still requires me to send one. I have registered back in 2008 and I have one but do I need to attach it to my application if technically it should not be required anymore?

2. I had completed a degree in the UK and approx the first 2 weeks of me being "qualified person" and exercising my treaty rights will be based on this status. Thankfully, I had the comprehensive sickness insurance. Then, I had worked for a month in a restaurant in the summer time. I do have payslips from that time but I do not have P60 or any confirmation letter /contract. I called them up asking for a letter confirming I worked there but I was told that the company is in liquidation and that they do not have employee records anymore. I told them I still have payslips with employee number, which I was willing to email them. I was told that they could not issue me with a letter, as they are not able to verify if I worked there. I rang HMRC asking for my employment history and surprise surprise that company was not on my employment history. I was paid in cash so there are no bank transfers etc Now, I was also a student at the same time. Should I include that one month in my application and explain what happened or should I base my status on me being a student? From what I read, writing Home Office a story of my life may backfire so any advice will be appreciated.

3. It appears I do not have to send any conformation that I live/ have lived with my spouse. I will send some anyway but do I need to send any confirmation of his employment in the past 5 years? When I rang HO they appeared to be confused about it themselves.

4. Regarding Criminal Convictions. My spouse has points for speeding and jumping red light on his licence. This was dealt by FPN and he has never been to court. I received 3 points and FPN for speeding in my home country on my European Driving Licence 7 years ago. The application states that you do not have to disclose FPNs unless they were dealt by court. As I am very suspicious of HO, I am not sure should I disclose them to prove I have nothing to hide or should I just leave it as there is no requirement to disclose them? Although speeding tickets are not a conviction per se but will they affect our application in any way

4. Finally, I do not appreciate this long and confusing application and I am planning to send a covering letter. Has anyone used a covering letter instead of application? Any advice? What should be included in that covering letter apart from my personal history? Should I mention any regulations etc?

I do apologise for a very long post but any help will be greatly appreciated.

Well done to all of you who received their PR. Fingers crossed to all who are still waiting.

You mentioned looking at EEA (FM) form. Are you looking at correct form? See EEA (PR) plus guidance.

Interestingly you don''t legally have to apply on latest form, its not mandatory to do so.
There are earlier (simpler) versions available.

1) Do include proof of WRS registration
Missing that out will lead to instant #fail.

2) Do you mean "first 2 weeks" or first 2 years of your qualifying period?

If you had CSI/foreign EHIC it seems you were a student in that period.
List employment in employment history. But your status appears to have been student at that time.

When did you actually arrive in UK? 2008?
What is your approx timeline & list of activities?

3) Proof of residency in UK is vital for all applicants (ie both of you if spouse is applying too).

Interestingly cohabitation is not mandatory under EU law even for married couples.

Have you or any family dependents enjoyed any prolonged absences from UK since you arrived?

4) This is an example of the current UK PR form asking too much.
It is not required (under EU law) in order to obtain a confirmation of PR status.

Other versions of the form may/may not include such questions.

last #4) See comments above about use of alternate form.
Or you can go hardcore and apply entirely by letter.
However, a form may be your best bet so as to give some structure to the application.

No need to quote the regulations chapter and verse, caseworkers should know them (or at least be vaguely aware you are making an application under the Directive).

[gabgab]

Thank you for your response.

I arrived in Dec 2006 and my spouse in June 2004. We have been together since 2009 and married since 2011. We applied for RC in 2011 which was granted (he had valid RC when we applied as he used to be in a relationship with EEA and they split up a year before we met).

The first 2 weeks of my "qualifying period" I want to base on me being a student as I arrived back from a student exchange and started looking for a job. I started working for a month (at the place which now refuses to confirm I've even been there) whilst still being a student. I was wondering should I just skip this one month in my employment history as I do have just paylslips and base thos month on me being a student?. I have no letter and there is nothing on HMRC records that I had ever worked there.

My timeline would look as follows:
June 2011 - student looking for a job
July 2011 - August 2011 - 1 month employment ( and being a student a full time with CSI)
August 2011 - January 2015 - employment (graduated with BA in 2012 and then MA in 2014)
January 2015 - now full time employment

Should I disclose on the form both - employment and me studying?

I purchased Comprahensive Insurance in 2011 as we were applying for Residence Card for my spouse. I cancelled it after I started working permanently and he received RC.


No prolonged absences in my "qualifying period". However, I was on ERASMUS whilst at uni but before my "qualified period". But I've never been out of the UK for more than 6 months.

I will include WRS (still don't get why they need it though ). I applied for it and then resigned from that employer. When I undertook employment again, WRS was not a requirement anymore so I never updated my employer details on it. I will use the form as I do not want to take any chances.

We do have plenty of evidence that we had stayed at the same address apart form 2012 where I just found one (1!) letter with address for my spouse. We requested his bank statement so this will make 2. Do you think this will suffice?

What about FNP? Should we include them even though we do not have to? I am bit torn as I do not have nothing to hide but at the same time I do not want them to have a reason to dispute our "good character".

I have been a silent reader of this forum for months and I need to say you are the ray of light in the times of darkness If it were not for you I would have spent hundreds on solicitors' fees. Big thank you to all.