Student and worker complicated situation

[andreih]

Hello all,
I have just joined this forum and I would like to seek for some advice from you, since with the Brexit, the future of EU nationals in the UK is uncertain and I have great concerns regarding my right to stay in the UK in the eventuality Brexit really happens!

- I came in the UK as a student in September 2013 (opened a bank account, but did NOT pay for CSI = Comprehensive Sickness Insurance)
- Worked in a University project in the summer of 2013 - was paid but did not receive any payslip (strange, but I can ask for one)
- I got my NINo in October 2014
- I was employed as a Casual Worker (tax code BR N) in January 2015 - worked until June and received total payments of ~£1050 (paid NI contributions and income tax) - I know this might be below the MET (Minimum Earnings Threshold)
- I was employed full time (tax code 1100L) between August 2015 - October 2016
- Since I ended my employment contract, I registered as a self employed (starting from the 1st of October). Did a couple of invoices. I also incorporated my own company (near the end of October), registered for PAYE and going to employ myself as a director starting from this month (tax code 1100L).

My questions would be:
- since I am going to be both self employed (paying Class 2 NI) and employed in my own company (paying class 1 NI), do I still need to pay for CSI if I chose to apply for PR (Permanent Residence), taking the worker route?
- is there anything that could be done for my period between September 2013 and January 2015 to be taken into consideration when applying for PR?
- is casual work taken into consideration (between January 2015 and August 2015) as exercising treaty rights in the UK as a worker?
- is there any problem with being employed by my own company when exercising treaty rights? Could Home Office be sceptic when reviewing my application?
- are there any additional measures that could be taken (apart from getting CSI) to ensure that my PR clock continues to tick?

Thank you so much in advance for your answers!

[ohara]

- since I am going to be both self employed (paying Class 2 NI) and employed in my own company (paying class 1 NI), do I still need to pay for CSI if I chose to apply for PR (Permanent Residence), taking the worker route?

No need for CSI if you are a worker or self employed. Only students and self-sufficient people need it.

- is there anything that could be done for my period between September 2013 and January 2015 to be taken into consideration when applying for PR?

Probably not. Health insurance cannot be backdated, and you arrived too late to be able to trigger the transitional arrangement from 2011. Unfortunately your student years probably won't count. By any chance, did you have an EHIC from your home country which was valid for the whole time you were a student in the UK? Did you come to the UK with an EEA parent that you were dependent on while you were studying?

- is casual work taken into consideration (between January 2015 and August 2015) as exercising treaty rights in the UK as a worker?

There is no minimum earning threshold as such, by HO will want to see that the work is genuine and effective rather than marginal and supplementary.

- is there any problem with being employed by my own company when exercising treaty rights? Could Home Office be sceptic when reviewing my application?

No problem as long as everything is above board.

- are there any additional measures that could be taken (apart from getting CSI) to ensure that my PR clock continues to tick?

As said, no need for CSI if you are working or self employed. Since you appear to be a way off acquiring PR, and may not even get there before any Brexit happens, it might be prudent to get yourself a registration certificate if you haven't already. It could be the key to triggering any transitional arrangement in the future, and it only costs £65.

[noajthan]

There is no MET specified in cleaner, purer EU law but UK complicates matters by applying its own MET/PET test to help caseworkers decide if an applicant's work is genuine and effective.

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

[andreih]

Probably not. Health insurance cannot be backdated, and you arrived too late to be able to trigger the transitional arrangement from 2011. Unfortunately your student years probably won't count. By any chance, did you have an EHIC from your home country which was valid for the whole time you were a student in the UK? Did you come to the UK with an EEA parent that you were dependent on while you were studying?

I did not have an EHIC from my own country, but my mother supported me whilst being in the UK, sending me money from my own country (can prove this with bank statements, etc.). Does this help in any way? I am still a student, by the way... Could this hinder my application process in any way? I heard stories like - they did not grant me PR because they were expecting me to study X hours a week and I was working full time - well, I can do both and I am doing it very well!

As said, no need for CSI if you are working or self employed. Since you appear to be a way off acquiring PR, and may not even get there before any Brexit happens, it might be prudent to get yourself a registration certificate if you haven't already. It could be the key to triggering any transitional arrangement in the future, and it only costs £65.

Is this the right form to sign and complete (https://www.gov.uk/government/uploads/s ... _03-16.pdf)? Since I am: employed, self employed AND student, what should I write there? (I suppose I do not have to complete 3 forms!)

[ohara]

I did not have an EHIC from my own country, but my mother supported me whilst being in the UK, sending me money from my own country (can prove this with bank statements, etc.). Does this help in any way? I am still a student, by the way... Could this hinder my application process in any way? I heard stories like - they did not grant me PR because they were expecting me to study X hours a week and I was working full time - well, I can do both and I am doing it very well!

I can't see how being sent money from abroad would help in this situation. If it was a substantial amount, you could probably have been classed as self-sufficient from those funds, but you still would have required CSI which you did not have.

The EEA(QP) form is the correct one to apply for a registration certificate. You need to make sure you are meeting the requirements of any category you claim to be in though. Have a read of this: http://www.eearegulations.co.uk/Latest/ByPage/part1_4

If you are not in fact exercising treaty rights in any category, you don't technically have basis to remain in the UK and an application for a registration certificate will fail. Your PR clock will also be at zero and not ticking!

Are you earning above £150 per week from your job / self employment?

[andreih]

Are you earning above £150 per week from your job / self employment?

Yes.

[ohara]

In that case, apply on the basis of being a worker. No need to show CSI then, regardless of whether you are also a student.