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Dear all,

I have one further question to clarify please if someone could help.

Does an EU national (Bulgarian) needs to send yellow registration card (Student) to UKBA as well when applying for PR (ILR) by exercising EU treaty rights(5 years long legal residency as a student)?

And if so, does UKBA returns the registration card in case application for PR is unsuccessful?

Reason behind that question is, my friend is going to start his Masters later this year and if his application for PR is unsuccessful for any reason and UKBA does not return the registration card (Yellow, Student) then he will have to apply again for same Yellow registration card which currently is taking longer than 6 months to obtain one in most of the cases.

Any help in this regard will be highly appreciated.

Thanks

There is no reason why a yellow card will be retained if it was obtained lawfully, and the circumstances under which it was obtained, is still prevailing.

Obie wrote:circumstances under which it was obtained, is still prevailing.

Thanks for quick reply.

In regard to circumstances, he is been a student from last years but not a student at this very moment as completed bachelors recently but will be a student in near future so confusion is about current status in relation to return of registration card.

Looking forward to your reply.

If he is not a student, then he is not entitled to hold a registration certificate.

If he qualified for PR, then the Registration Certificate will be unnecessary, as he will be upgraded to a PRC status.

He can always reapply again, or make sure he qualifies before sending application to UKBA.

UKBA usually has the practice of returning documents.

In 9 months' time work restrictions will cease.

EUsmileWEallsmile wrote:In 9 months' time work restrictions will cease.

I agree, but until then, an employer who employs and A2 national for 20 hrs without a yellow card, might get in trouble.

I'm not sure why the ops friend might want to rush off and apply for pr just now. A short postponement might be the least complicated option for them, but I don't know their full circumstances.

Thanks very much for your valuable advice, much appreciated.

Another question is regarding "Declaration of sufficient funds".

1:Could anyone please shed some light if one needs to write a cover letter or statement that he/she has got sufficient funds to support his/herself in the UK and will not be a burden?

2:Does one need to provide any documents as proof of available fund(bank statement) if so how much funds are considered to be sufficient and for how long they should be in account?

Thanks

Could anyone please give some advice on "declaration of sufficient funds" when submitting an application for PR. (EEA3 as Student(Bulgarian) for 5 Years,ILR)

In the case of students a declaration is all that is required. (Essentially students funds tend to vary through their studies, hence the dispensation).

In my opinion, sufficient funds is a fact or it is not when it comes to PR. Did your friend become a burden on public funds during their studies?

(Bear in mind that UKBA will likely expect to see evidence of finances during the studies, but it helps to keep the above in mind).

Did your friend become a burden on public funds during their studies?

No, never claimed any kind of benefits throughout the whole stay.

However, he has used NHS services when he was ill and had a minor surgery at NHS hospital last year and that's when he was a student and had yellow registration card which was issued back in 2007.

Does use of NHS is considered as burden?

Looking forward to your valuable advice.

scorpion123 wrote:Does use of NHS is considered as burden?

This is not likely to have an effect on the application.

scorpion123 wrote:

Obie wrote:circumstances under which it was obtained, is still prevailing.

Thanks for quick reply.

In regard to circumstances, he is been a student from last years but not a student at this very moment as completed bachelors recently but will be a student in near future so confusion is about current status in relation to return of registration card.

Looking forward to your reply.

To qualify for PR status, he needs to have been exercising EEA rights for a continuous period of 5 years. This mean he must either be:

1. Student
2. Employed
3. Self-sufficient
4. Seized all activity due to disability

If your friend graduated with a BA degree, he is not exercising his treaty rights as a student any longer. From that time, he must show that he is either self-sufficient or employed. He cannot be employed with a Yellow certificate, therefore, self-sufficiency is the only viable option. To that end, your friend must have sufficient funds and private health insurance for the whole period.

Since he already has a registration certificate, he doesn't have to send it back to UKBA, a copy will suffice. He can keep the original. However, the gap between his BA and further studies needs to be explained.


UKBA will want evidence of this.

Thanks all for your input and valuable advice.

Just to update you all that my friend has received his PR and total turnaround period was less than two weeks

Thanks again for your help.