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Student vs worker in EEA (PR) application

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

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chr
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About documents proving lawful residence for 5 years

Post by chr » Fri Oct 28, 2016 1:11 am

Hello,
Together with my EEA (PR) application I am sending my passport. Of course my passport will be returned to me after a few months once the application is processed.

Also, with the application I am sending my original P60s/payslips, Council Tax bills etc.

Are they going to return them with my passport? If they do not return bills etc, would it be possible then to send them a copy?

Thank you in advance!
K.

chr
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Posts: 5
Joined: Fri Oct 28, 2016 1:06 am

Student vs worker in EEA (PR) application

Post by chr » Fri Oct 28, 2016 8:35 am

I am an EEA national applying for a document certifying Permanent Residence (PR).

I was studying in the UK between 2008 and 2015 (finished my course in 2011, but still had a student status for writing my thesis, and then graduated in 2015).

I've started working full time in August 2011 and working since then without any breaks. I think I am correct to say that I am exercising my Treaty rights as full time worker since August 2011 (5 years now).

My question is whether I need to mention that I was studying in Summary of the relevant EEA national's activity in 9.4 and 9.8 questions in the application form? I'm asking because as a student between 2008 and 2011 (where I started my full time job) I did not have any comprehensive sickness insurance, hence didn't exercise my treaty rights as a qualified person.

Anyone with similar experience?

I appreciate any advice.

ohara
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United Kingdom

Re: Student vs worker in EEA (PR) application

Post by ohara » Sat Oct 29, 2016 4:36 am

chr wrote: I've started working full time in August 2011 and working since then without any breaks. I think I am correct to say that I am exercising my Treaty rights as full time worker since August 2011 (5 years now).
Correct. There is no need to even mention your student period in this case. While you should have had CSI during your time as a student, you will not be punished for not having it, but obviously you cannot use your time as a student towards your PR qualifying period.

It's worth mentioning that as you will have only acquired PR in August 2016, you will not be eligible to apply for naturalisation until August 2017 (unless you are married to a British citizen).

As for returning your documents; UKVI will not return anything unless you ask them to. You can apply to have your documents returned but you should wait until at least 10 working days have elapsed since UKVI receive your application before you request anything back. They do aim to process document returns within 10 working days but in some cases it can take significantly longer. I was lucky and I got my passport back in 4 working days when I asked.

noajthan
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Re: Student vs worker in EEA (PR) application

Post by noajthan » Sat Oct 29, 2016 11:02 am

chr wrote:I am an EEA national applying for a document certifying Permanent Residence (PR).

I was studying in the UK between 2008 and 2015 (finished my course in 2011, but still had a student status for writing my thesis, and then graduated in 2015).

I've started working full time in August 2011 and working since then without any breaks. I think I am correct to say that I am exercising my Treaty rights as full time worker since August 2011 (5 years now).

My question is whether I need to mention that I was studying in Summary of the relevant EEA national's activity in 9.4 and 9.8 questions in the application form? I'm asking because as a student between 2008 and 2011 (where I started my full time job) I did not have any comprehensive sickness insurance, hence didn't exercise my treaty rights as a qualified person.

Anyone with similar experience?

I appreciate any advice.
You can mention it in timeline.
You won't be penalised for not having CSI at this stage (application for confirmation of PR).

After 2011, you appear to fall into another category of qualified person (worker) so as long as the work was genuine and effective, and your presumably part-time study was supplementary and marginal in comparison, then all should be well in terms of acquiring PR.

You being a taxpayer removed you from being a burden on the state's social assistance system after 2011.

Your position from 2008-2011 as a student without CSI, ie a non-qualified person (not exercising treaty rights), is a bit of a grey area if you have ambitions for citizenship.
If you look ahead to the naturalisation application form (as any prudent prospective citizen would be doing about now) you will note the questions around up to 10 years employment history.
It would be prudent if history as recorded in previous applications (PR form) tallies with history as entered in subsequent applications (AN form).
It begs the question whether omitting student activity altogether relates to suppressing material facts.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

chr
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Joined: Fri Oct 28, 2016 1:06 am

Re: Student vs worker in EEA (PR) application

Post by chr » Sun Oct 30, 2016 1:44 pm

Thank you for your replies.

Indeed, I look ahead to the naturalisation...therefore I think I will mention the fact that I was a student although wasn't exercising my treaty rights at that time...

As regards the documents...My understanding is from your answers that I can ask for them to be returned after 10 days. To be honest, I can wait even longer, I'm only afraid that I will be sending my original P60 docs and these may got lost/be not returned etc. I know that I will definitely need them later on.

Do I need to send the original P60 or can it be a photo copy? What are you thoughts about it?

noajthan
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Location: UK

Re: Student vs worker in EEA (PR) application

Post by noajthan » Sun Oct 30, 2016 1:47 pm

chr wrote:Thank you for your replies.

Indeed, I look ahead to the naturalisation...therefore I think I will mention the fact that I was a student although wasn't exercising my treaty rights at that time...

As regards the documents...My understanding is from your answers that I can ask for them to be returned after 10 days. To be honest, I can wait even longer, I'm only afraid that I will be sending my original P60 docs and these may got lost/be not returned etc. I know that I will definitely need them later on.

Do I need to send the original P60 or can it be a photo copy? What are you thoughts about it?
PR guidance is clear - send originals.

You may wish to try the new online application and/or local council 'passport return' service:
http://www.immigrationboards.com/eea-ro ... l#p1401437
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Location: UK

Re: Student vs worker in EEA (PR) application

Post by noajthan » Sun Oct 30, 2016 1:54 pm

Moved to appropriate forum: EEA
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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