Can you go from student to worker as qualified person?

[CarolineK2016]

This is to do with child's passport. I arrived to UK in 2002 with student visa and then applied again for student visa for 2003/2004. I am from one of the A8 countries. My visa for 2003/2004 is in fact IRL and I was working whilst studying too. Now my question is, based on HO advice at that time I was exempt from WRS as long as I stayed with the same employer for a year which I did. Now applying for child's passport I found the info about csi which I don't have any confirmation of. However I was working 20hrs and my earnings for the year were above the PET for that year. Is there any chance I can be defined as worker (working legally in UK before 2004) instead of a student?

[noajthan]

This is to do with child's passport. I arrived to UK in 2002 with student visa and then applied again for student visa for 2003/2004. I am from one of the A8 countries. My visa for 2003/2004 is in fact IRL and I was working whilst studying too. Now my question is, based on HO advice at that time I was exempt from WRS as long as I stayed with the same employer for a year which I did. Now applying for child's passport I found the info about csi which I don't have any confirmation of. However I was working 20hrs and my earnings for the year were above the PET for that year. Is there any chance I can be defined as worker (working legally in UK before 2004) instead of a student?

Good question.
As per EU law, it all depends whether your work was genuine and effective rather than marginal and supplementary.

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

The HO will apply its somewhat controversial PET/MET tests to assess your work too (this goes over and above the purer, cleaner EU law):
https://www.freemovement.org.uk/using-m ... ne-worker/

[CarolineK2016]

Ah, thank you so much for getting back to me. Applying PET for the year of 2003-2004 my annual comes over what would be required (providing they apply this retrospectively) my job was a bar job but at 20hrs a week and more at school break. Pretty regular. Would that save me from the csi requirement. Also if this was the case. Bearing in mind i worked until 2012 with no breaks however stopped then and i am stay at home mum would that mean my pr status was achieved before i stopped working or is it given at the time of the decision. (Hope it makes sense)

[noajthan]

Ah, thank you so much for getting back to me. Applying PET for the year of 2003-2004 my annual comes over what would be required (providing they apply this retrospectively) my job was a bar job but at 20hrs a week and more at school break. Pretty regular. Would that save me from the csi requirement. Also if this was the case. Bearing in mind i worked until 2012 with no breaks however stopped then and i am stay at home mum would that mean my pr status was achieved before i stopped working or is it given at the time of the decision. (Hope it makes sense)

PR is not granted on the date of any decision, PR status is acquired automatically at the end of a 5 year qualifying period.

I don't know how far back in time PET is or may be applied.
Anyway, if your work was so consistent (genuine and effective) then you may be able to make a case as a worker qualified person. That is the EU law at least.

If you had acquired PR by 2012 then you would not have had to exercise treaty rights anymore, so stopping work to be a mum wouldn't matter.

Or, if you were a worker immediately before stopping, you might be able to make a case for having retained worker status whilst on some sort of maternity leave (for up to a year).