Student for 1yr + 5yr of work. Claim all for EEA PR card?

[salis]

Hi,

I arrived (from another EU country) to the UK in Sep 2010, have been a student for 1 year and have worked for 5 years afterwards.

I understand that I can apply for citizenship/passport after 12 months from acquisition of PR status have elapsed. So my question is whether I should include all 6 years on my application for EEA PR card? Will that eliminate the need to wait 1 year before being able to apply for citizenship/passport?

If I include the student year, do I need to provide all documents, like letter from parent guaranteeing I will be able to cover living costs (even though I have already graduated and have obviously been able to cover living expenses?)
Also worried about sickness insurance - I was covered by my home country national insurance (have S041 / E104 form that proves that), but not sure whether this is sufficient?
In this scenario (trying to claim 1 student year and 5 years of work), if student year is not recognised, will rest (5 years) be recognised?

Honestly, I tend to err on the safe side and I think a relatively complex application (if I include student year) could either be delayed or simply not accepted. Maybe I should just claim last 5 years? By the time I obtain PR card (let's say 6 months), I would only need to wait another 6 months before I can apply for citizenship/passport, which does not seem that bad..

Thanks!

[noajthan]

There is no question such as when is your qualifying period.
Slap all details into form, warts and all.
Caseworker will assess and weigh up your case.
Supporting evidence needs to be rock-solid of course.
Include

• health cover evidence.
  Work evidence.

If carefree student year counts then you should have acquired the holy grail of PR status around a year ago,.
So naturalise and then shoot directly for passport (that is once you have PR card and after you have naturalised successfully).

If student years are not counted then yes, wait 12 months after PR status is confirmed (based on past 5 years of work) before applying to naturalise
This assumes you don't have a BC spouse and so will naturalise under section 6(1) of BNA and not section 6(2).

[salis]

Hi all,

I read all materials on the subject, but I could not find a clear cut answer.
I have been working in the UK for 5 years, but I have a gap of 3 months in between jobs (I spent this time looking for a job).
Does this mean I am eligible for a EEA PR status and card?

thanks!

[noajthan]

Hi all,

I read all materials on the subject, but I could not find a clear cut answer.
I have been working in the UK for 5 years, but I have a gap of 3 months in between jobs (I spent this time looking for a job).
Does this mean I am eligible for a EEA PR status and card?

thanks!

To keep PR clock running, this time would typically have to be categorised as jobseeking and you will need evidence as a jobseeker.

More here;
https://www.gov.uk/government/uploads/s ... _clean.pdf

[salis]

Thanks a lot!
I was also not able to answer this question - after a person stops working at a particular company, how big of a delay before finding a new job is needed before a person needs to claim status as "job seeker"?
I guess if someone finds a job withing few weeks, status as "worker" is mainained, but if delay is a few months, then the applicant needs to claim first "worker" status and then "job seeker" status for this longer time period - the question is what is the delay threshold?

thanks again!

[noajthan]

Thanks a lot!
I was also not able to answer this question - after a person stops working at a particular company, how big of a delay before finding a new job is needed before a person needs to claim status as "job seeker"?
I guess if someone finds a job withing few weeks, status as "worker" is mainained, but if delay is a few months, then the applicant needs to claim first "worker" status and then "job seeker" status for this longer time period - the question is what is the delay threshold?

thanks again!

Status as a worker qualified person is not maintained after first job ends.
There is no published guidance as there is nothing in EU law or the Directive 2004/38/EC or in UK EEA Regs on handling 'gaps'.

Anecdotally a few days may be glossed over - but not 3 months. If a jobseeker qualified person for 3 months you have to show you were jobseeking.

[ying688]

Hi, i've had a 3months gap between jobs and received my PR last month.
I sent in a couple of interview invitations and job applications to prove that i was a jobseeker.

[salis]

thanks a lot!

[salis]

Thank you!
In case I include all details in my application (including 1 year as student) and the student year is not recognised (for example becuase my health insurance is not deemed sufficient), does this mean that I need to submit a new application (this time excluding student year), or would my application automatically be reconsidered, this time only taking into account the 5 years as a worker?

Thanks!

[noajthan]

Thank you!
In case I include all details in my application (including 1 year as student) and the student year is not recognised (for example becuase my health insurance is not deemed sufficient), does this mean that I need to submit a new application (this time excluding student year), or would my application automatically be reconsidered, this time only taking into account the 5 years as a worker?

Thanks!

The caseworker will review all info and evidence and decide whether she can confirm you acquisition of PR.
Any non-qualifying time will be ignored. You will not be penalised for it (in this application).

[noajthan]

Posts merged.

[salis]

Thank you!
In case I include all details in my application (including 1 year as student) and the student year is not recognised (for example becuase my health insurance is not deemed sufficient), does this mean that I need to submit a new application (this time excluding student year), or would my application automatically be reconsidered, this time only taking into account the 5 years as a worker?

Thanks!

The caseworker will review all info and evidence and decide whether she can confirm you acquisition of PR.
Any non-qualifying time will be ignored. You will not be penalised for it (in this application).

Got it - so including all available information (even if it not recognised as qualifying by case worker) does not harm the application in any way. I guess only negative consequence could be a delay in application processing, if the application is deemed more complicated than usual..

On the other hand, is it fine if I just omit mentioning the student year? My rationale for this would be to avoid any delays (as per above). Also, I do not see much upside from including student year, as by the time I receive my PR card, I would only need to wait 2 months before I can naturalise, so not huge time saving in case I include sutdent year..

[salis]

I guess a further complication is that I started work 2-3 months after I graduated - don't know how this should be treated.. At time of graduation, I was holding an offer to start working, but the graduate intake of the company was in September and I graduated in June of the same year.. Any feedback would be greatly appreciated!

[noajthan]

Got it - so including all available information (even if it not recognised as qualifying by case worker) does not harm the application in any way. I guess only negative consequence could be a delay in application processing, if the application is deemed more complicated than usual..

On the other hand, is it fine if I just omit mentioning the student year? My rationale for this would be to avoid any delays (as per above). Also, I do not see much upside from including student year, as by the time I receive my PR card, I would only need to wait 2 months before I can naturalise, so not huge time saving in case I include sutdent year..

No evidence complexity on the form impacts turnaround time significantly. There's probably other factors such as HO resourcing, prioritisation policy, Brexit surge, Christmas/New Year break and etc etc.

If you insist on using current monster PR form you will have to sign Declaration vouching for the contents.
And note most questions are not asking what you happen to think your qualifying period is; they ask:

Complete in chronological order, starting from when you/they entered the UK

[salis]

Thanks, this is now all clear!

Last question - I started work 2-3 months after I graduated - don't know how this should be treated. At time of graduation, I was holding an offer to start working, but the graduate intake of the company was in September and I graduated in June of the same year.. I was travelling during this period, so not sure whether this resets the clock on the PR applciation - any feedback would be greatly appreciated!

[noajthan]

Thanks, this is now all clear!

Last question - I started work 2-3 months after I graduated - don't know how this should be treated. At time of graduation, I was holding an offer to start working, but the graduate intake of the company was in September and I graduated in June of the same year.. I was travelling during this period, so not sure whether this resets the clock on the PR applciation - any feedback would be greatly appreciated!

Travelling - where?
You're allowed to leave country with no impact for up to 6 months.
Viva free movement!

[salis]

Travelling to home country for 2-3 months between graduation and work commencement. So this is order and won't reset PR clock? Great, thanks a lot!

[noajthan]

Travelling to home country for 2-3 months between graduation and work commencement. So this is order and won't reset PR clock? Great, thanks a lot!

Just list absence on the form.

[salis]

Thanks a lot, I appreciate it!

[salis]

Can you please also help with the following question - now that the student year is in the past and I have successfully found a full time job following the graduation, do I still need to prove that I had "Sufficient resources" as a student? I have been obviously able to graduate..
Thanks in advance!

[salis]

All,

I have read all topics related to comprehensive health insurance while student, but I am still not fully clear about this.
While I was a student, I had an EHIC, but I cannot find it anymore. I spoke to the issuer (in my home EU country), but this cannot be re-issued retrospectively.
I was advised I need to get (and I have it already) an S041 form that shows that I have paid my contributions towards my home EU country medical insurance. As far as I am aware, this means that my home EU country will also cover expenses if I need to receive medical treatment in the UK, but this is not clearly stated on the S041 form.
So, I am not sure the S041 form will suffice, especiallay as I believe I need an S1, S2 or S3 form according to the regulation. However, I do not understand which one I need and how I should go about obtaining this. Can you please shed some light onto this?

If this helps, I received a blue and a yellow card while being a student - I read somewhere in the forum that this could help..

Thanks a lot!

[noajthan]

All,

I have read all topics related to comprehensive health insurance while student, but I am still not fully clear about this.
While I was a student, I had an EHIC, but I cannot find it anymore. I spoke to the issuer (in my home EU country), but this cannot be re-issued retrospectively.
I was advised I need to get (and I have it already) an S041 form that shows that I have paid my contributions towards my home EU country medical insurance. As far as I am aware, this means that my home EU country will also cover expenses if I need to receive medical treatment in the UK, but this is not clearly stated on the S041 form.
So, I am not sure the S041 form will suffice, especiallay as I believe I need an S1, S2 or S3 form according to the regulation. However, I do not understand which one I need and how I should go about obtaining this. Can you please shed some light onto this?

If this helps, I received a blue and a yellow card while being a student - I read somewhere in the forum that this could help..

Thanks a lot!

Dig into such vital questions here. If you had RC (Blue/Yellow card) during/before 2011 it may just have saved your bacon:
https://www.whatdotheyknow.com/request/ ... issued.pdf

[Wise]

Please don't complicate yourself Noajthan first reply in your post answer what you need to do. But if your so called studying period fall within your any choosing 5 yrs for the Pr application without CSI the application will fail.Or you can start counting another 5 yrs from when you stop studying and apply as work. Simple.

Otherwise you may just consider using the working period which is 5 yrs as you said in your post if your studying period fall far behind. Most importantly the 3 month gap means nothing as long as you can proof what treaty right you have for the rest of that year.

Good Luck

[salis]

Please don't complicate yourself Noajthan first reply in your post answer what you need to do. But if your so called studying period fall within your any choosing 5 yrs for the Pr application without CSI the application will fail.Or you can start counting another 5 yrs from when you stop studying and apply as work. Simple.

Otherwise you may just consider using the working period which is 5 yrs as you said in your post if your studying period fall far behind. Most importantly the 3 month gap means nothing as long as you can proof what treaty right you have for the rest of that year.

Good Luck

thanks a lot! But this actually confuses me further. If my study period does not count towards the qualifying period, will the application:
i) fail (as you said)? or
ii) not fail, but case worker will simply ignore studying period and will only look at the 5 years as a worker?

this is a very crucial question for me, as the most detrimental outcome for me would be to get a FAILED application, which will delay entire process. I am ok leaving out studying period, but according to noajthan this needs to be in the application, as I need to enter all my whereabouts since I entered into the UK.

Thanks in advance!

[noajthan]

i) No

ii) Yes, caseworker will use her knowledge and experience to determine your valid qualifying period from all information/evidence you submit.

There is no question such as "what do you think is your qualifying period?"