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EEA national applying for PR, confused about WRS

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

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donatasgem
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Joined: Fri Feb 05, 2016 9:53 pm

EEA national applying for PR, confused about WRS

Post by donatasgem » Mon Feb 08, 2016 7:03 am

Hello,

I hope someone could solve my dilemma re: the EEA PR application and it's supporting documents.

I am a Lithuanian national who moved to the UK June 2010.

In 2010 August I started looking for work and also worked a few days before I started my University course which was what I came to the UK for.

Whilst studying full time I was also working part time throughout the duration of the first few years of my residence in the UK. I did contact HO to ask whether full time study and full time work after that would be ok for the qualified period. I was told it would be ok but I would need to submit proof of the Comprehensive Sickness Insurance. I then told the person on the phone that I did not have that because I was working at the same time. Everything would be ok but I DID NOT register for the Workers Registration Scheme which was then a requirement to be able to work. I thought if I was a full time student I would have been allowed to work anyway.

So basically to cut it short -

If I went the worker's route, I would not be able to count the time of working until 2011 April when the requirement of WRS was removed.

But because I was student from 2010 it should be ok.. The problem is that I did not have a CSI because I was working.

So basically the situation contradicts itself because I was a student without the sickness insurance but I was working so I did not have to have it but from what I understand now I would have not been able to work at the time because I did not register for the Workers Registration Scheme.

Do you think it would still be ok If I submitted prove of my studying along with the employment details as wage slips and bank statements to prove my self funding whilst in studying but not having the CSI because I was working which I should have not because of the WRS?

The problem is that each route (student and worker) helps each other out but there does not seem to be one route I could follow because as I said before I worked without the WRS and studied without CSI.

I hope I explained it properly! Will appreciate any response!!! Thank you!!

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
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Re: EEA national applying for PR, confused about WRS

Post by Obie » Mon Feb 08, 2016 11:05 am

The right to work as an EU student subjected to transitional provision don't derive from right to work as a worker, but derives from the principle of non discrimination, which seeks to ensure that Non EU student with right to work are not put in a more advantageous position to an EU student subject to transitional restrictions.

As a student that was entitled to 20 hrs work, you are not entitled a worker, but a student permitted to 20 hrs work.
Smooth seas do not make skilful sailors

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