Help in my case for PR card

[Kriszti84]

Hi everyone,

I'm a hungarian national who lives in the UK nearly 6 years (in September will be exactly 6). I wanted to apply for Permanent Residence Card this month and I have got some questions and I need someone helps me.

I came to the UK in 2010 September and at first I started to study in a college (to improve my english) and until I didn't start to work I was self-sufficient.

I started to work in 2011 January with a small company. Unfortunately I have never heard about WRS before (now I know what it is) so I never registered for it but few years later I found out I should have done it! How this missing WRS registration can affect my application for PR card? I hope so they cannot refuse my case as as far as I know they finished to require WRS registration (for countries who joined the EU in 2004 like Hungary) since 31st of April 2011...

I was employed with this small company for a year (2011 January - 2011 December), but it was a cash in hand job. Can this affect the acceptance of the application for PR card?
And I earned the minimum wage for this employment and worked mostly 20 (sometimes 30) hours a week (so I didn't really pay tax and NI from this employment. Can this be a problem?

I have all my payslip from 2011 April till 2011 December, I have one P60 for 2011 April year and P45 for leaving the job in 2012 January. Is this enough evidence of employment for that year?

In 2011 September I started to work with a big company who I still worked in the beginning for 20 hours in a week but later on I worked full time as well but in this employment I got my salary paid to my personal bank account and I have a proof of this with bank statements. I paid some tax and NI contributions within this employment. My fear is that I have only one P60 for each year I worked and one or maximum two payslips for each year... I'm not sure is it enough evidence for being employed with this company for those years? And because company changed policy, they changed from paper to ePayslip and eP60 during 2011 I have only prints out from my account. So my question is basically is it enough for evidence of being employed (to get PR card) these kind of print out copies where there is no signature and company stamp on it (but there's all the information on it what is required)? I have my contract as well from this company and my confirmation of maternity leave letter. I hope all these documents will be accepted as being employed with that employer...

I finished working with this company at 01/07/2014 and started to work again with another company at 01/01/2015. So there's a 6 months gap between my two employment... my maternity leave finished at 01/07/2014 but I continued to take care of my baby for further 6 months until found new employer. I was looking for work within this period but I didn't register for any job centre or agency for this 6 months. My question is can this also affect my right for PR card? I was continously in the UK for this period but I was taking care of my baby at home and looking for work from home... I can be still qualified as a worker for this period or a job seeker? I won't loose my right of residency because of this 6 months?

My last question is:
Is it a problem if in this new employment for the first 3 months (started at 01/01/2015) I worked very less (about 8 hours) a months (on a minimum wage)? I know it's nearly nothing but I was pregnant and sick, but I have no evidence of sickness as it was only pregnancy related, and I had to take care of my little boy as well who was just only 1 year on that time so I couldn't put him anywhere to be able to work more... I don't know if HO will they accept it as a proof of being employed If I have a contract, payslips, and P60s and again a maternity confirmation letter for this employment? I worked 8 hours a week 3 months previous my second maternity leave, I know it's not a lot but as I mentioned I have been pregnant and I had to take care of my little boy as well... I hope it won't have a bad affect of my application...

Sorry about the long letter but I just want somebody help me with my situation with his/her experience. I'm really afraid they will refuse my application and I want just some reassurance...

Thank you very much anybody's help regardless how much he/her helped in advance. Have a nice day to anyone reading my long letter and hoping for everybody the best (and of course) fast outcome!

[noajthan]

Not registering properly for WRS means your PR clock can only have started, as a worker, in May 2011.
So you may have acquired PR status by last May (2016).

In that 6 months gap between jobs you need to show you were a jobseeker or else a worker on maternity leave.

You will need rock-solid documentary evidence of exercising treaty rights continuously for 5 years.

Cash in hand jobs and not paying tax or NI does not really help your case, although under EU law it does not rule out acquiring PR.

However, and somewhat controversially, UK HO applies its PET/MET tests to determine who is a worker;
this is over and above the cleaner, purer EU law that simply states that work has to be genuine and effective rather than supplementary and marginal.

See https://www.freemovement.org.uk/using-m ... ne-worker/

And for guidance on qualified persons see:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Next steps
Review PR form and guidance;
Draw up accurate timeline;
Collate all documentary supporting evidence;
Have a go at completing form;
See how it all shapes up.

[Kriszti84]

Thank you very much noajthan (hope I wrote your name properly) for your help regarding my case.

I read some documents where they say who qualify as a worker and how long you can get your worker status... and if I understand well if I worked more than one year ( if we count from 2011 may until 2014 July ) it's more than 3 years continous work. And as I said I read if you were a worker for at least one year you can retain your worker rights even more than 6 months... It can be true?

Just I don't know if I didn't have within this 6 months period of out of work CSI and I didn't register for job centre or any agencies is it still could be retained my worker status?

I'm really appreciate of your help, thank you very much!