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PR card confusing questions

Posted: Sat Jun 18, 2016 12:21 pm
by onlymee
Hi there,

I would really appreciate some help as I am confused how to fill the form for PR card.

I came to England first in 2008 but after a few months I left the country. I came back one year later and as I needed workpermit I started to study and work in the same time (only 20 h/week as I had restrictions). 2 years later, in Jan 2011 I received the blue card, which gave me the right to live and work without any further restrictions. I've been working since, I only stopped for short periods between jobs. I have all my payslips, p60's, p45, etc. But some of the questions confuses me and I don't know how to anser. Questions like when did you come first to the UK, what sort of residence card you have/had, if I had any vocational training, yellow card, etc. For me it's not clear if I need to prove and give evidence only from Jan 2011 or back from the beginning. As HO issued my blue card back in 2011 they already received all the evidences for the previous period so I am not sure why would I need to go back and explain everything again. I don't have a clue when they issued the yellow card as I had to send it to them when I requested the blue card and I never received it back. I did a vocational training while I had my yellow card but I don't have the dates, but HO has. I don't remember and I am not sure what to do. On the back of the blue card states that after 5 years I can request the PR which I am doing now. I am not sure why would I need to prove again everything right from the beginning when they have all the evidences up to Jan 2011. Do you think would be ok if I only mention on their form or on a piece of paper what I just wrote above and I concentrate only for my time here from 2011? I refer to section 5 and 9. Other than this hopefully everything is fine, I never received any sort of benefits or government help and I never requested a student loan neither. I would appreciate any thoughts. Thank you.

Re: PR card confusing questions

Posted: Sat Jun 18, 2016 1:38 pm
by noajthan
Welcome.

It is a little confusing.

You simply have to show that you have acquired PR by being a qualified person continuously for 5 years.
That means exercising treaty rights in UK by working or being self-employed or a student etc.

Its good that you have/had the blue/yellow cards which show you complied with the regulations for accession states.
But you cannot rely on HO to join up the dots or fill in the gaps.

Your application for confirmation will be assessed based on the details that you provide now (as well as the documentary supporting evidence that you submit).

You could apply by letter as the current 'monster' form is not a mandatory, legal requirement.
Or you could apply using an earlier (simpler) version of the form.

Using a form will probably give structure to the application because if anything is missed the application will be refused.

:idea: Suggest you draw up a timeline to list all your activities and dates in UK.

:arrow: You may have acquired PR as early as 2014 since you seem to have started work & study in 2009.

It may depend on which was the most important activity, work or study.

:idea: Your blue/yellow cards may have covered you as an alternative for the CSI requirement that was necessary as a student.
Did you also have CSI or a foreign-issued EHIC when you were a student :?:

:arrow: Or you may have acquired PR just as a worker from 2011 - 2016.

Next steps
List timeline of dates and activities;
Gather your documentary evidence;
Try filling out a copy of the form (whichever version you choose);
See how it all shapes up.

Re: PR card confusing questions

Posted: Sun Jun 19, 2016 10:00 am
by onlymee
Thank you very much for your thoughts. I really appreciate it.

As I received my blue card only in Jan 2011 I could apply for a PR only this year as I needed to have my blue card for 5 years before I apply for a PR. The blue card is a residence card which gives you right to work here without any restrictions.

What the CSI stand for? I never heard of it.

I don't have any gaps from 2011 Jan. I mean I have got a few gaps between jobs but hopefully that will not be an issue.

My confusion is what to do with those first 2 years when I came here? Because according to the form I need to give them lots of details. Even though I don't need them as a proof for asking for a PR, this is outside of the 5 years I want to use to request the PR. Those first 2 years were extremely difficult as receiving this blue card wasn't an easy journey. So going back in time and explaining everything again, finding the evidences which I don't have because I submitted to the HO, this gives me hard time.

Sorry, one more question. In the guidance it is written that you need a letter as a proof from all your employers where you worked during these 5 years. The letter needs to contain all the details of your work: starting/ending date, wage, position, etc. I have all my payslips, p60-s, p45-s for these 5 years. But asking for a letter from every ex employer seems crazy. I did asked for letters from my present employers but once again going back in time and finding all the other employers it's extremely difficult. I think one of my old workplaces even closed down.

I was quite confident until I read the guidline a week ago. Then my confidence totally collapsed and as I result I am not sure if I want to go ahead. Thank you.

Re: PR card confusing questions

Posted: Sun Jun 19, 2016 11:57 am
by noajthan
onlymee wrote:Thank you very much for your thoughts. I really appreciate it.

As I received my blue card only in Jan 2011 I could apply for a PR only this year as I needed to have my blue card for 5 years before I apply for a PR. The blue card is a residence card which gives you right to work here without any restrictions.

What the CSI stand for? I never heard of it.

I don't have any gaps from 2011 Jan. I mean I have got a few gaps between jobs but hopefully that will not be an issue.

My confusion is what to do with those first 2 years when I came here?
...

Sorry, one more question. In the guidance it is written that you need a letter as a proof from all your employers where you worked during these 5 years.
...

I was quite confident until I read the guidline a week ago. Then my confidence totally collapsed and as I result I am not sure if I want to go ahead. Thank you.
Don't give up. You can do this.

Let's go one step at a time...

CSI = comprehensive sickness insurance.
Students had to have this for their time as a student to count towards acquiring PR.
The alternative to CSI is a foreign-issued EHIC or a RC issued to the person as a student (or, possibly, cover provided by a parent's foreign health cover).

So if you assemble your timeline, you may have qualified from 2011-2016 - thus acquiring PR in 2016.

But look at your timeline earlier if you were a student and had CSI/EHIC/RC. You may have acquired PR earlier.

The HO guidance is not EU law. EU law does not specify submitting an employer's letter.
Employers' letters would be helpful but many members have reported success by providing alternative documents;
(contracts, P60s, P45s, bank statements & etc).

Similarly, members have reported success by focusing on the qualifying period and not so much on earlier periods; especially if they have been in UK for donkey's years.
Ofcourse you must not suppress material facts but if an earlier period is not relevant to acquiring PR you don't need so much evidence.

On the other hand, if someone acquired PR status years ago they would have to show they had not lost it in following years (through absence from UK).
So proving residence in UK as well as exercising treaty rights in UK is important.

Next steps
List timeline of dates and activities;
Gather your documentary evidence;
Try filling out a copy of the form (whichever version you choose);
See how it all shapes up.