EEA (PR) How can I backdate the application?

[Marco A.]

Hi,

First of all, thank you for keeping this forum alive. It is full of extremely useful information!

Now, a bit of background info about me:

Entered the UK in 2008.
Worked from 2008 to 2009.
Studied a MA degree in 2009, finished in Oct 2010.
October 2010 to January 2011: unpaid internship.
Claimed Jobseeker's Allowance from Jan 2011 to Jan 2012 (while doing another unpaid internship).
Jan 2012 to today: employed (studied another MA degree in the between).

I would like to obtain the PR card and as soon as possible apply for British citizenship. Considering I have weak proofs until the end of the first MA degree (Oct 2010), I thought to focus the PR application to Oct 2010 onward.

I have few questions for you:

1) Can I backdate the application to Oct 2010 so that once I get the PR card I can immediately apply for Citizenship?

2) In case I backdate the application, shall I provide evidence of the first 5 years only (until Oct 2015) or until today?

3) In case I backdate the application, I will basically start saying "I was unemployed for 1 year". How can this be justifiable? Will it create problems? Can I do it?

4) In case I backdate the application, when I am asked "date you first entered the UK" what shall I put? Oct 2008 or Oct 2010?

Thank you for your help,

Marco

[MrSlyFox]

I'd list your whole period and submit proof for all of it. Write a cover letter detailing when you were a qualified person for a period of five years with evidence for the years as a guide. They will determine when you received PR and I believe issue a letter with your residence card stating the date you obtained PR which can proof you have been free of Immigration restrictions for the last 12 months if you wish to naturalise.

[Obie]

I think the strongest proof commences from January 2012.

The internship will not cover unless you were receiving some form of allowance.

Also for the 1 year job seeking, you will need to show compelling reason that you were actively seeking work and there was always a realistic prospect of you being successful then.

I am not sure the MA can be classified as a votional training course, if it can, then you may be fine.

[Marco A.]

I'd list your whole period and submit proof for all of it. Write a cover letter detailing when you were a qualified person for a period of five years with evidence for the years as a guide. They will determine when you received PR and I believe issue a letter with your residence card stating the date you obtained PR which can proof you have been free of Immigration restrictions for the last 12 months if you wish to naturalise.

Okay I may do that then and let them decide when I obtained PR.

I think the strongest proof commences from January 2012.

The internship will not cover unless you were receiving some form of allowance.

Also for the 1 year job seeking, you will need to show compelling reason that you were actively seeking work and there was always a realistic prospect of you being successful then.

I am not sure the MA can be classified as a votional training course, if it can, then you may be fine.

I am unsure with what you mean with compelling reason that I was actively seeking work. If I get proof from the DWP that I was registered to a Jobcentre for the year 2011 and that I was receiving Income-based JSA, this should be enough, or not? Being registered to a Jobcentre and receiving benefits means I was complying with their rules of actively seeking a job.

Basically, if I've understood you correctly, you are saying that the fact I voluntarily left a job to enter full-time education and then I spent 1 year of unemployment after that (relying on benefits) may be enough to jeopardise my PR right until that moment?

[noajthan]

Hi,

...

I have few questions for you:

1) Can I backdate the application to Oct 2010 so that once I get the PR card I can immediately apply for Citizenship?

2) In case I backdate the application, shall I provide evidence of the first 5 years only (until Oct 2015) or until today?

3) In case I backdate the application, I will basically start saying "I was unemployed for 1 year". How can this be justifiable? Will it create problems? Can I do it?

4) In case I backdate the application, when I am asked "date you first entered the UK" what shall I put? Oct 2008 or Oct 2010?

Thank you for your help,

Marco

1) All applications are 'backdated'.
What you apply for is confirmation that you have already acquired PR.

2) Provide evidence since entering UK.
If you have acquired PR you also have to show you have not subsequently lost it.

There is no specific question such as when is your qualifying period.

3) All categories of qualified person have to be justified against the regulations and requirements.
Start here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Mere registration at JC although enough under requirements for unemployment may not be enough under UK EEA Regulations in context of PR.
Read the linked document.

Let caseworker figure it out and decide whether to confirm you have indeed acquired PR.
Weak periods will simply be disregarded.

4) Its not a trick question. You clearly say you entered UK in 2008.
That will probably show up in your record anyway.

[Marco A.]

Thank you to everyone, now things are much clearer!