Romanian Au-Pair Student EEA PR Application

[carla9]

Hi All,

I would need and appreciate your help with the PR form and documents needed, as my situation has few complications. Apologies in advance for the lengthy post.

I am Romanian and arrived in the UK in 2007. In September 2015 I applied for British citizenship which was refused on the basis of not providing enough evidence to prove that I exercised work treaty rights for 5 years continuously. Now I need to apply for the permanent residency card.

First time I arrived in the UK I stayed for 3 months and worked as live-in au-pair without documents as I didn't know I needed them at that time and also traveled a bit after I stopped working. In my last month of the 3 months I open a bank account to help me buy my ticket to go home. I went back to my country and returned two months later. This time I knew I needed an accession worker card (purple card), so I accepted an au-pair job, returned to UK and applied for the card within the first 3 days from arrival. During the same year until 2009 I enrolled and attended English classes (IELTS) and Graphic design courses at an adult college, going once/twice per week (below 15 hours per week). After the first 12 months I got my registration card (blue card) as au-pair, and continued as au-pair for 3 years without interruptions. In 2010 I registered as self-employed and started trading as freelance graphic designer and stopped in 2013. As my income for the self-employed period was below the threshold, I never had to pay taxes. At the same time from mid 2012 I was employed in a permanent position as graphic designer which I’ve been doing solely since (4 years and a half).

Questions:

1. What are the consequences for working those first 3 months without the documents and how it will affect my permanent residency and citizenship application? (Now I am aware this is a criminal offense and I mentioned this period in my 2015 British citizenship application) Is there something I can do now to ameliorate this past uninformed episode?

2. I just learn this month that while a student between 2007-2009 I would have needed to have a Comprehensive Sickness Insurance, which I didn’t and this will be a reason for rejection. Would this be still needed if I had an-aupair accession worker card and registration card in parallel, although the au-pair role is not considered as worker. What should I do here if it was prior to the last 5 years in UK?

3. After consulting an accountant I was told that my application might get rejected given that the self-employed income for this period doesn’t prove I was trading full time, it’s only marginal income, and it might not count towards the last 5 years (2012-2016) of exercising work treaty rights continuously. What can I do in this situation? Wait 6 more months and then apply?

I have the documents ready to be sent, but I am reluctant to send them as yet since these will work against me. I am also concerned of the changes which might come once the article 50 will be triggered in March as promised and the effect on the applications sent after this date.

Any help or guidance would be very much appreciated.

[noajthan]

Hi All,

I would need and appreciate your help with the PR form and documents needed, as my situation has few complications. Apologies in advance for the lengthy post.
...

Questions:

1. What are the consequences for working those first 3 months without the documents and how it will affect my permanent residency and citizenship application? (Now I am aware this is a criminal offense and I mentioned this period in my 2015 British citizenship application) Is there something I can do now to ameliorate this past uninformed episode?

2. I just learn this month that while a student between 2007-2009 I would have needed to have a Comprehensive Sickness Insurance, which I didn’t and this will be a reason for rejection. Would this be still needed if I had an-aupair accession worker card and registration card in parallel, although the au-pair role is not considered as worker. What should I do here if it was prior to the last 5 years in UK?

3. After consulting an accountant I was told that my application might get rejected given that the self-employed income for this period doesn’t prove I was trading full time, it’s only marginal income, and it might not count towards the last 5 years (2012-2016) of exercising work treaty rights continuously. What can I do in this situation? Wait 6 more months and then apply?

I have the documents ready to be sent, but I am reluctant to send them as yet since these will work against me. I am also concerned of the changes which might come once the article 50 will be triggered in March as promised and the effect on the applications sent after this date.

Any help or guidance would be very much appreciated.

1) Your PR clock wil not have started. The period will be ignored as you were not a qualified person.

2) The period will be ignored as your PR clock will not have been running if a student without CSI (and no alternative).

3) If the work was supplementary and marginal (to some other activity) you won't be recognised as a selfemployed qualified person.
And above and beyond the cleaner, purer EU law the UK applies its MET test to help caseworker decide your status.

You may have been a worker qualified person from mid-2012 so you may acquire PR by mid-2017.
Ref https://www.gov.uk/government/uploads/s ... _clean.pdf

Good luck.

[carla9]

noajthan Thank you. I'll wait another 6 more months then.