EEA PR qualifiying period

[Jenny-topsi]

I am about to apply for me PR via the EEA route in February, after having worked for 5 years.

I entered the UK on the 27th Feb 2013, but started work on the 10th Mar 2013. I have my flight ticket from the 27th Feb and a bank account too.

Can I use the 27th Feb therefore as the start of my qualifying period?

Thank you,
jenny

[alijawad786]

I am about to apply for me PR via the EEA route in February, after having worked for 5 years.

I entered the UK on the 27th Feb 2013, but started work on the 10th Mar 2013. I have my flight ticket from the 27th Feb and a bank account too.

Can I use the 27th Feb therefore as the start of my qualifying period?

Thank you,
jenny

No...

Qualifying periods are only when u physically qualified for an employment or self employment. 27th Feburary is the date of entry into UK.

However, if you signed a contract of employment lets say before 10th March u can mention that date. sometimes people work for a week or a month before they get a wage slip and get paid.

hope this makes a bit more sense.

thanks

ali

[Richard W]

No...

Qualifying periods are only when u physically qualified for an employment or self employment. 27th Feburary is the date of entry into UK.

Have you any evidence for this statement? The relevant regulations for EEA nationals speak only of

15.—(1) The following persons acquire the right to reside in the United Kingdom permanently—

(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

I believe I've seen a judgement that the initial 3 months can be included in the 5 years, but, alas, I can't find it again.

However, given what the OP has told us, I would strongly recommend waiting for a few weeks just in case the case worker thinks the same way as Alijawad786. If that happens, the delay in obtaining a DCPR will be more than a few weeks. There might be valid reasons for the OP's urgency, but an employed family member with a RC approaching expiry may be better off applying for a new RC now, so as to get a CoA indicating a right to work, and then applying for a PRC at the same time as the OP applies for a DCPR.

[Jenny-topsi]

I actually received and signed my contract of employment way earlier, eg Dec 2012. I then received my work permit (Bulgaria still needed one) on 1 March.

I am quite confused as to which of all these dates is the start of the qualifying period. I can wait until 10 March if it is safer, but was hoping the period may start sooner.

Thank you!

[Rumplestiltskin]

Excercising treaty rights also includes " Self Sufficient "

If u got bank statement from date of entry or soon after entry in UK , and you had money in account ,

You can show you entered UK on xx.xx.xxxx and was " Self Sufficient " till date xx.xx.xxxx ( when you got job and started working !

Hope that helps. You said u got Bank account from 27th Feb , so get bank statement from 27th feb ( obviously money in account )

It will cover you as self sufficient person i.e excercising treaty rights .



Wait for Forum moderators for Clarification if I am wrong.

[alijawad786]

No...

Qualifying periods are only when u physically qualified for an employment or self employment. 27th Feburary is the date of entry into UK.

Have you any evidence for this statement? The relevant regulations for EEA nationals speak only of

15.—(1) The following persons acquire the right to reside in the United Kingdom permanently—

(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

I believe I've seen a judgement that the initial 3 months can be included in the 5 years, but, alas, I can't find it again.

However, given what the OP has told us, I would strongly recommend waiting for a few weeks just in case the case worker thinks the same way as Alijawad786. If that happens, the delay in obtaining a DCPR will be more than a few weeks. There might be valid reasons for the OP's urgency, but an employed family member with a RC approaching expiry may be better off applying for a new RC now, so as to get a CoA indicating a right to work, and then applying for a PRC at the same time as the OP applies for a DCPR.

Richard W.

My Question to you is.

what about a person who lived in UK for continuous period of 5 years being an EEA national and never worked or been self employed?

[Rumplestiltskin]

No...

Qualifying periods are only when u physically qualified for an employment or self employment. 27th Feburary is the date of entry into UK.

Have you any evidence for this statement? The relevant regulations for EEA nationals speak only of

15.—(1) The following persons acquire the right to reside in the United Kingdom permanently—

(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

I believe I've seen a judgement that the initial 3 months can be included in the 5 years, but, alas, I can't find it again.

However, given what the OP has told us, I would strongly recommend waiting for a few weeks just in case the case worker thinks the same way as Alijawad786. If that happens, the delay in obtaining a DCPR will be more than a few weeks. There might be valid reasons for the OP's urgency, but an employed family member with a RC approaching expiry may be better off applying for a new RC now, so as to get a CoA indicating a right to work, and then applying for a PRC at the same time as the OP applies for a DCPR.

Richard W.

My Question to you is.

what about a person who lived in UK for continuous period of 5 years being an EEA national and never worked or been self employed?

In this case such person is SELF SUFFICIENT " BUT" to qualify as SELF SUFFICIENT PERSON EXCERCISING TREATY RIGHTS , "CSI" WILL BE REQUIRED. ( CAPITALS FOR EMPHASIS ONLY - NO SCREEMING OR SHOUTING OR AGRESSIVE....)


Self Sufficient can't be qualified person if he doesnt have CSI. Comprehensive sickness insurance. ( my understanding)


" jhoolay lal mast qalandar"

[Richard W]

In this case such person is SELF SUFFICIENT " BUT" to qualify as SELF SUFFICIENT PERSON EXCERCISING TREATY RIGHTS , "CSI" WILL BE REQUIRED.

But the CSI would not be needed for the three months starting at initial entry.