EEA (PR) Q: Student/Jobseeker (maybe Worker) route conflict

[GrandeAbsente]

Hi all! I am an EEA national and was thinking of applying for the UK PR certification, but had a query regarding the best route to approach my application.

Brief summary of my circumstances:

• - Been in the UK for 5 years and about 4 months studying/working during parts of that period;
  - Sep 2010 - Jul 2013: was a full-time student with an EHIC -> so was exerting my rights as a "student";
  - Sep 2013 - Jul 2014: was a full-time student at a difference institution, but no EHIC -> I assume that I was not exercising my rights as a "student".
  - Sep 2014 to present: full-time employment -> exercising my rights as a "worker".

Queries:
1. I assume that the time when I did not hold an EHIC but was a full time student (Sep 2013 to Jul 2014), is technically an absence for the purposes of the requirement of having no more than 450 days absences in the 5 year period. Is that correct?

2. In August of 2012 I received and signed a conditional offer for my current job (i.e., 1.5 years before actual start date). Part of the offer was, e.g., receiving certain grades, undertaking full-time studies during 2013 Sep - 2014 Jul period. My studies in that year were almost fully financed by my prospective employer. I met all of the conditions hence why I am currently employed by this company.
Would I be able to claim to have been a jobseeker (or even worker) since August 2012 and thereby bypassing the requirement for having CSI during my studies during the Sep 2013 to Jul 2014 period? I.e. would I be able to successfully argue that I was both a student and a jobseeker since Aug 2012?

Any assistance would be greatly appreciated.
Thanks

[noajthan]

Hi all! I am an EEA national and was thinking of applying for the UK PR certification, but had a query regarding the best route to approach my application.

Brief summary of my circumstances:

• - Been in the UK for 5 years and about 4 months studying/working during parts of that period;
  - Sep 2010 - Jul 2013: was a full-time student with an EHIC -> so was exerting my rights as a "student";
  - Sep 2013 - Jul 2014: was a full-time student at a difference institution, but no EHIC -> I assume that I was not exercising my rights as a "student".
  - Sep 2014 to present: full-time employment -> exercising my rights as a "worker".

Queries:
1. I assume that the time when I did not hold an EHIC but was a full time student (Sep 2013 to Jul 2014), is technically an absence for the purposes of the requirement of having no more than 450 days absences in the 5 year period. Is that correct?

2. In August of 2012 I received and signed a conditional offer for my current job (i.e., 1.5 years before actual start date). Part of the offer was, e.g., receiving certain grades, undertaking full-time studies during 2013 Sep - 2014 Jul period. My studies in that year were almost fully financed by my prospective employer. I met all of the conditions hence why I am currently employed by this company.
Would I be able to claim to have been a jobseeker (or even worker) since August 2012 and thereby bypassing the requirement for having CSI during my studies during the Sep 2013 to Jul 2014 period? I.e. would I be able to successfully argue that I was both a student and a jobseeker since Aug 2012?

Any assistance would be greatly appreciated.
Thanks

1) No, you are jumbling up absences rules for citizenship with EU rules.
You were not AWOL at this time but your PR clock was stopped.

2) Full marks for thinking out of box. Not sure it will fly though.

For jobseeker status you probably have to show evidence if seeking 'many' jobs not just 1.
And for jobseeker there is now a timelimit & 'gpow' test to overcome too.

If you had been hired & the study was vocational training you would have a case as a worker.

There is another way, a longshot.
Did you have RC issued to you as a student in or before 2011?

If so a transitional arrangement comes into play & Bob's your uncle!

[GrandeAbsente]

Hey noajthan, thanks for the response. Regarding the RC, none was issued/pursued.

If any of the below adds to the jobseeker/worker status, please let me know.... I think I may be getting too creative here:
1. I can definitely show that in Jan 2012 I applied for some 10 jobs relating to my degree, but I did not apply/interview for anything else after August 2012, because I had secured an offer of employment to commence in Sep 2014.
2. As to the Aug 2012 offer: it was both conditional offer of employment and a framework agreement (i.e., in slightly modified form it still sets out the terms upon which I am employed currently). Pursuant to the offer: (i) I was required to undertake and pass vocational training for 10 months before commencing actual employment, (ii) the fees for the vocational training were paid by the employer, and (iii) I was paid a maintenance grant that translated into roughly 200 p/w. I did not work with the employer before commencing the vocational training. Well, actually I did for a week in July 2012, but I doubt that counts...
3. Before commencing actual employment in Sep 2014 I entered into an employment contract, but the framework agreement/offer letter is preserved.

I am just trying to sort out which may be the more effective claim: saying that I was a jobseeker since Aug 2012/Jan 2012... or that I was a "worker" from the moment I started my vocational training.

[noajthan]

Hey noajthan, thanks for the response. Regarding the RC, none was issued/pursued.

If any of the below adds to the jobseeker/worker status, please let me know.... I think I may be getting too creative here:

...

I am just trying to sort out which may be the more effective claim: saying that I was a jobseeker since Aug 2012/Jan 2012... or that I was a "worker" from the moment I started my vocational training.

Best thing may be for you to review HO guidance on qualified persons:
https://www.gov.uk/government/uploads/s ... _clean.pdf