EEA (PR) which exact timespan is required?

[ponch10]

Hi All,

I am an EU national who has lived and worked in UK for 9.5 years. In the PR application can I:

- list my history for the past 5 years only
- provide documentation for the past 5 years only

effectively omitting my first 4.5 years in the country, even though the application seems to require the full history since entry? Sounds nonsensical to me to even mention that prior period if it won't be considered and/or make me a stronger case.

Thanks!

[ponch10]

Going a step forward and having a look at form AN, it requires only 10 years of previous addresses in UK and 5 years of work history.

Since I will eventually apply for naturalisation too, I would then be inclined to only list and support the most recent 5 years of life in UK in the form EEA(PR), but can you guys share your thoughts and comments?

Thanks!

[LilyLalilu]

For EEA (PR) you only need to list the information for your relevant 5 year qualifying period.

[noajthan]

Going a step forward and having a look at form AN, it requires only 10 years of previous addresses in UK and 5 years of work history.

Since I will eventually apply for naturalisation too, I would then be inclined to only list and support the most recent 5 years of life in UK in the form EEA(PR), but can you guys share your thoughts and comments?

Thanks!

OP is talking about naturalisation here...
Note
10 years employment history is required;
&
5 years address history
- or as long as you have been in UK is required.

Be careful - don't get sloppy. That's a slippery slope to a naturalisation refusal without appeal.

Regarding PR, as well as proof of treaty rights, you need proof of continuity of residence being maintained despite any absences (under EU rules).

If someone acquired PR a while ago they would need to show they have maintained it since; (eg not lost it by absence).
So suggest 5 years is a very bare minimum for such histories.

Requirements for privilege of citizenship have no relation to requirements for acquiring PR.
Absence limits are very different too.

Apply on each form according to its rules don't try to munge the two together.

[ponch10]

hi Guys,
Yes, I mentioned two different things in the same post, PR and Naturalisation.
I understand PR is a forced route for Naturalisation, or at least that is the case since end of 2015. So I need to get PR first (even if I am an EU citizen) and then after I got PR separately apply for Naturalisation.

Given that those are two different applications and that their own rules should be followed, my point is the following: Naturalisation is a much bigger thing than PR, especially in the EU citizen case. If Naturalisation focuses on just the most recent 5 years of working history (and 10 years of addresses), and if PR needs 5 years of continued residence in UK, providing 9.5 years of history (with docs) for PR seems over-zealous.

What I am trying to find out here is: is it ok to state as entry date September 2006, and then simply list and provide docs for the years 2011-2016 ? I think it is, but I would love to hear more experienced thoughts.

[noajthan]

hi Guys,
Yes, I mentioned two different things in the same post, PR and Naturalisation.
I understand PR is a forced route for Naturalisation, or at least that is the case since end of 2015. So I need to get PR first (even if I am an EU citizen) and then after I got PR separately apply for Naturalisation.

Given that those are two different applications and that their own rules should be followed, my point is the following: Naturalisation is a much bigger thing than PR, especially in the EU citizen case. If Naturalisation focuses on just the most recent 5 years of working history (and 10 years of addresses), and if PR needs 5 years of continued residence in UK, providing 9.5 years of history (with docs) for PR seems over-zealous.

What I am trying to find out here is: is it ok to state as entry date September 2006, and then simply list and provide docs for the years 2011-2016 ? I think it is, but I would love to hear more experienced thoughts.

Read this again...

10 years employment history is required;
&
5 years address history

[ponch10]

Yes sorry, I mixed the things up.
Nevertheless my argument is still the same. If AN asks for 10 yrs of employment and only 5 yrs of addresses, and if PR needs 5 yrs of continued residence, seems pointless to provide more than 6 yrs for PR.

Anyway, how about:

What I am trying to find out here is: is it ok to state as entry date September 2006, and then simply list and provide docs for the years 2011-2016 ? I think it is, but I would love to hear more experienced thoughts.


?

[noajthan]

Yes sorry, I mixed the things up.
Nevertheless my argument is still the same. If AN asks for 10 yrs of employment and only 5 yrs of addresses, and if PR needs 5 yrs of continued residence, seems pointless to provide more than 6 yrs for PR.

...

?

Generic example:
Someone who entered UK in 2006 may well have acquired PR by 2011 or 2012.
They would then have to prove they had not lost PR by a subsequent 2 years absence in the following years right up to current date (of application).

[ponch10]

So what you are saying is: is given that by 2011-2012 that person had in fact acquired PR under EU treaty. What it has to be proved now is that no prolonged absence occurred between that moment up to today. So the previous 4-5 years are really a bonus on top of the well proven most recent 5 years.



[/quote]

Generic example:
Someone who entered UK in 2006 may well have acquired PR by 2011 or 2012.
They would then have to prove they had not lost PR by a subsequent 2 years absence in the following years right up to current date (of application).[/quote]

[noajthan]

So what you are saying is: is given that by 2011-2012 that person had in fact acquired PR under EU treaty. What it has to be proved now is that no prolonged absence occurred between that moment up to today. So the previous 4-5 years are really a bonus on top of the well proven most recent 5 years.

For the previous years (in my example) unimpeachable evidence of exercising treaty rights as a qualified person will be required.

Don't take anything for granted, don't give HO 'wriggle room' - plenty of examples of refusals to be found within the forums.

[ponch10]

So what you are saying is: is given that by 2011-2012 that person had in fact acquired PR under EU treaty. What it has to be proved now is that no prolonged absence occurred between that moment up to today. So the previous 4-5 years are really a bonus on top of the well proven most recent 5 years.

For the previous years (in my example) unimpeachable evidence of exercising treaty rights as a qualified person will be required.

Don't take anything for granted, don't give HO 'wriggle room' - plenty of examples of refusals to be found within the forums.

Thanks.
I am not sure I fully understand your point though.

In your example, you would acquire PR at an earlier date than today. And proving that you never left the UK in between that date and now is of course required to validate that.
What I would like to do instead, since I have no rush, is to use only the most recent 5 years of history for PR application. So in fact I am not claiming that I exercised my rights in the first 5 years (even if, in fact I did), and so I don't see why I should provide proof of that.

Of course the downside is that I will be granted PR at some date in 2016, rather than 2011, delaying a subsequent naturalisation. But I am ok with that.

How about the case of a EU national living in UK for 20 years then? Should he/she provide paperwork for 20 years, while in fact he/she only needs 5 for PR and 6 for naturalisation? It sounds like a lot of work for both parties and unnecessary disclosure of information.

I understand your point of not being lazy, but providing twice the amount of documentation "just in case" doesn't sound too smart in my opinion, besides that fact that information from 10 years ago is probably less complete and of inferior quality than most recent one.