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EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

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

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luna_blu
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Joined: Sat Feb 24, 2018 12:20 pm
Poland

EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by luna_blu » Sat Feb 24, 2018 12:36 pm

Hi everyone,

I have a question regarding the date on which according the HO I have acquired permanent residence in the UK.
I am EU national and applied for PR in January 2018, I received a document certifying permanent residence and all the documents on the start of February, which was extremely quick, as it took them only 3 weeks to consider my application.

I provided evidence of exercising treaty rights in the UK since 2011. During that time I was a job seeker and a worker.
The problem is they completely disregarded the whole period of jobseeking and decided that I have acquired permanent residence only in January 2018.

I have decided to ask for reconsideration, I sent an explanation letter and the documents which were originally enclosed with the application regarding looking for work. I sent it on Monday and to my surprise I received them today, after a few days. There was no letter inside nor explanation whatsoever.
I am not sure what does it mean. Any suggestions please?

Thank you 🙂

luna_blu
Newly Registered
Posts: 7
Joined: Sat Feb 24, 2018 12:20 pm
Poland

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by luna_blu » Sat Feb 24, 2018 1:16 pm

Hopefully I could get an advice from yourselves as I would have to take any action on Monday.

Thanks a lot again.

luna_blu
Newly Registered
Posts: 7
Joined: Sat Feb 24, 2018 12:20 pm
Poland

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by luna_blu » Sat Feb 24, 2018 7:25 pm

Anyone who experienced something similar?
I don't get it really. Have they even read my reconsideration letter? I fear the same caseworker got it and simply decided that it's not worth reconsidering. I believe that it should be received by a senior caseworker. Correct me if I'm wrong.
Not sure what to do now.
Shall send it one more time or give them a call. :?

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by secret.simon » Sat Feb 24, 2018 9:09 pm

Can you give a more detailed history (month/year) of the periods of when you were a jobseeker and when you were a worker?

What proof of jobseeking did you provide for your period as a jobseeker?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

luna_blu
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Posts: 7
Joined: Sat Feb 24, 2018 12:20 pm
Poland

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by luna_blu » Sat Feb 24, 2018 10:32 pm

Hi again,

Just to start off here is the chronology:

1. Entered the UK as a jobseeker (an A8 national) in September 2010. I had a document U2 certifying retention of unemployment U2 from Poland, which was subsequently extended to February 2011. During that time I was paid the benefit by the Polish authorities. I had to register at the Jobcentre and signed in fortnightly though.
2. When it came to an end I had to make a claim for JSA and was claiming national credits only up to 1st May when restrictions put on A8 countries nationals were abolished. So from that day I was able to claim and receive JSA which I did so. I was in receipt of JSA up to January 2013 when I secured a part time job, my earnings were topped up by JSA up to January 2014, when my working hours increased, so the claim was closed down.

In the whole period of jobseeker I was actively looking for job, also enrolled on many courses, such as: English, IT, admin and business, bookkeeping.
Yet, in 2011 due to health issues, my agreed working hours had ton be reduced from 40 h to 24h and I was required to look for more office orientated work. Therefore the courses undertaken had to help me with this. Everything was done with agreement with my adviser at the Jobcentre. A letter from him was provided with the application ( in the letter he listed with details all the courses I enrolled on confirmed that working hours had to be reduced). Also a letter from the hospital consultant was attached. What is more, from 2012 to 2013 I was volunteering with 2 organisations (admin) so I could gain necessary experience and update my knowledge.

I provided the following documents:
Retention of unemployment from PL,
11 looking for work booklets _ with signatures of work coaches,
Applications made online around 40 pages,
Letters from the Jobcentre adviser and the hospital consultant,
Letters regarding volunteering,
College certificates.

When writing reconsideration letter I argued that a wrong regulation has been applied when establish ing my residence. As prior to 2014 there was no restrictions on 1st time job seekers, they only had to actively looking for job and had a genuine chance of finding it. Which I believe I did so. Due to my efforts and activities, also courses completed I secured a job in admin in January 2013, even though I had some health issues.

I am not sure what shall I do now. I thought they were going to accept at last a certain period of jobseeking.

luna_blu
Newly Registered
Posts: 7
Joined: Sat Feb 24, 2018 12:20 pm
Poland

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by luna_blu » Sun Feb 25, 2018 12:57 pm

Hi again,

I have just checked and they sent me an email regarding my consideration. Which is completely rubbish. They also said I was a student and that I had to have comprehensive sickness insurance, but I wasn't because all the courses where done while I was a job seeker and a letter from my Job centre adviser confirmed this.

Here is their email:

We have received your letter disputing the deemed date of 14/1/18 you have been given for permanent residence in UK. To confirm , the date was given in recognition of earliest evidence that was submitted by yourself from 2013 exercising treaty rights.

As per Regulations 2006 and 2016 it states that an applicant can only hold jobseekers for a period of 6 months for the department to accept it on behalf of exercising treaty rights and as you have again stated, you were claiming JSA from 20/5/11 to January 2013.

Exercising treaty rights as a student as per the regulations 2016 also states that the applicant must hold comprehensive medical insurance for the entire time they were studying such as an EHIC card from their own nationality or private health care insurance, both of which were not submitted. I hope this clarifies the deemed date given.

What shall I do now? It was the same caseworker who replied. Shall I send it one more time?

Thanks

luna_blu
Newly Registered
Posts: 7
Joined: Sat Feb 24, 2018 12:20 pm
Poland

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by luna_blu » Mon Feb 26, 2018 9:20 am

Good morning,

Any views please.
Thanks

luna_blu
Newly Registered
Posts: 7
Joined: Sat Feb 24, 2018 12:20 pm
Poland

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by luna_blu » Fri Mar 02, 2018 3:28 pm

Well, I see that no one has replied so far. It's been one week. There is no point in posting replies myself. Thanks anyway.

Jayjay2017
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Posts: 47
Joined: Sat Nov 25, 2017 9:56 pm
Nigeria

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by Jayjay2017 » Fri Mar 02, 2018 6:24 pm

I believe it was the fact that you highlighted you were on training courses; that was what caused the confusion.

I’d say you should send another reconsideration letter/email to highlight you were a job seeker for those periods. Also, it will be good to direct the caseworker to the relevant paragraphs of the EEA regulations dealing with the exercising of treaty rights as a job seeker.

How long were you out of work for?

Jayjay2017
Newbie
Posts: 47
Joined: Sat Nov 25, 2017 9:56 pm
Nigeria

Re: EEA PR Reconsideration of the date when I am deemed to have acquired PR in the UK

Post by Jayjay2017 » Fri Mar 02, 2018 6:29 pm

If you’re not able to get the Home Office to reconsider on the basis highlighted above; I believe you can challenge their decision using a judicial review process.

However this will be an expensive route of action to take.

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