- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
It may be that you can argue your status was initially that of a 'job-seeker' rather than a 'self-sufficient person' in early 2006.chorry wrote:Hello.
We have just been trying to get for our daughter a UK passport.
I came to the UK in March 2006. Started work on 22 May 2006 (this is what it says on my WRS certificate). She was born on 20 April 2011.
I applied online - paid - sent the required documents.
...
I could understand this case and making problems with proving self sufficiency if it was a matter of several months. Here we are talking about not even two. And what if I was living with a friend? Had nothing to pay at all, no rent, no bills, he would had fed me? Simply - helped me? My case I was renting one room, bills included. Very cheap. I only had myself to support for few weeks before I started my employment.
It would all be easy if she was born a month later.
Today I received reply saying that they are unable to established that I was self sufficient prior to commencing work.
There is also a mistake, they quote date 19 June 2006 that I was registered on the Workers Registration Scheme (but this is a date of issue). Its pretty poor, whoever looks at my documents and just takes dates. For me it makes a difference as it adds another month and the DWP gave me a proof of not taking any benefits for period of March to end May 2006.
Please help, advise if there is anything else I could do? They say I could consult this with United Kingdom Visa and Immigration Department, Home Office...?
Thank you for you help, suggestions.
Tom
It may be you actually started work earlier than the date shown on the WRSCalculating the qualifying period
9.19 When counting the 5 years qualifying period, this should be taken from the date on which the employment started (rather than the date the card was issued) if the EU8 national applied to register within the 30 days window even if the card was issued later
Regarding to job seeker status. When I came here I knew I was going to have this job. It was just a matter of having to wait. It was something agreed and I had to come and just basically 'show' myself that yes, this was me, I exist. Formality.Julian11 wrote:I would get a letter from Poland showing you are covered, but yes, you can also try to go for the jobseeker route for those early days rather than self-sufficient.
I know they did that wrong, which I suppose is good for me as it also confirms the person who was dealing with my application was close to zero in regards to her competence. Maybe she messed up some other bits as well???noajthan wrote:This guide is clear & may help; your WRS commences from date of work not from the date of issue of WRS document;
so the HO are incorrect to refer to date of issue;
Regarding CSI, if you don't have an EHIC card (or any supporting letter from Polish authorities), do you have any of the other CSI proofs mentioned?
See 6.6: S1, S2, S3 forms (etc)
I quite like this idea, seems like really worth trying. But even if they agree with my and my facts, how would they help?noajthan wrote:Suggest contacting 'Aire Centre' for advice - they can offer free written advice to EEA nationals, see:
http://www.airecentre.org/pages/get-advice.html
They appeared to have forgotten that you have the initial right of residence within 3 months of initial entry. There was no requirement to be a qualified person during that time.chorry wrote:I came to the UK in March 2006. Started work on 22 May 2006 (this is what it says on my WRS certificate). She was born on 20 April 2011.
chorry wrote:Hello again,
Thank you everybody for your answers.
Regarding to job seeker status. When I came here I knew I was going to have this job. It was just a matter of having to wait. It was something agreed and I had to come and just basically 'show' myself that yes, this was me, I exist. Formality.Julian11 wrote:I would get a letter from Poland showing you are covered, but yes, you can also try to go for the jobseeker route for those early days rather than self-sufficient.
To get a job seeker status should I have been registered at Job Centre? What in this case now, when I have said I was self sufficient. I can't really change my mind now, I could possibly suggest - play words in terms of 'what if I was job seeker not self sufficient for this couple of weeks before commencing my employment?' ?
I can try contacting Polish health services asking them for some proofs. But then even if the agreed to help it would possibly be in Polish language, then to have it translated into English via a proper translator/interpreter... not sure...
...
I know they did that wrong, which I suppose is good for me as it also confirms the person who was dealing with my application was close to zero in regards to her competence. Maybe she messed up some other bits as well???
Other CSI proofs they asked was a confirmation from DWP Work and Pensions, about me not claiming any benefits in this period, which I supplied them with.
I quite like this idea, seems like really worth trying. But even if they agree with my and my facts, how would they help?noajthan wrote:Suggest contacting 'Aire Centre' for advice - they can offer free written advice to EEA nationals, see:
http://www.airecentre.org/pages/get-advice.html
Tom
Vinny,vinny wrote:They appeared to have forgotten that you have the initial right of residence within 3 months of initial entry. There was no requirement to be a qualified person during that time.chorry wrote:I came to the UK in March 2006. Started work on 22 May 2006 (this is what it says on my WRS certificate). She was born on 20 April 2011.
See https://www.whatdotheyknow.com/request/ ... aty_rightsnoajthan wrote:Vinny,vinny wrote:They appeared to have forgotten that you have the initial right of residence within 3 months of initial entry. There was no requirement to be a qualified person during that time.
there is a FOI (http://www.whatdotheyknow.com) question on this precise point.
...
I will post the link once I find it again.
... needs to exercise Treaty Rights continuously till the time of divorce since the couple landed in UK to apply PR for the non-EEA spouse.
1) when you say continuously, it's not possible to start working immediately from the day EEA spouse landed in UK i.e. It takes
time, initial 2/3 months to settle and arrange permanent accommodation, address proof then apply for National Insurance
number, then get a job. All these takes few months to start job.
How long since the EEA member landed first in UK does home office consider it?
Say if he/she start working after 2-3 months of first landing in UK, will it be considered continuous employment?
Will it affect the continuity of exercising treaty rights as worker while applying PR?
Are they disputing that residing under Regulation 13 is residing in accordance with these Regulations?15 wrote:(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
Comprehensive Sickness InsuranceFrom 20th June 2011 EEA nationals applying for documentation confirming their right to reside in the UK as a student or self-
sufficient person must present one of the following forms of evidence in order to demonstrate comprehensive sickness insurance.
The official was quite clear in their reply of 14 August 2014:vinny wrote:That doesn't make any sense. It seems contrary to the definition of PR in the EEA regulations. Moreover, only a worker required WRS then. A qualified person may be other than a worker.
Are they disputing that residing under Regulation 13 is residing in accordance with these Regulations?15 wrote:(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
For retained rights PR they (in this FOI reply at least) are putting the onus on the applicant to prove a start date.European nationals are entitled to reside in the United Kingdom for an initial period of three months without needing to exercise a Treaty Right.
A European national who will be in the United Kingdom for more than three months will have a right of residence for as long as they remain a qualified person exercising a Treaty Right.
For a retained rights of residence permanent residence application, the onus is on the applicant to determine when their qualifying period for permanent residence starts. This means that the applicant will need to provide sufficient evidence to prove that the European national was exercising Treaty Rights in the United Kingdom from the start of that qualifying period to support the application.
child was born in the UK. Why would you say registration is as HO discretion? Registration is expensive so he wanna avoid it.noajthan wrote:Tom,
in reply to above...
The worst case is you can always achieve PR now (based on your residence & work in UK to date) and now register your daughter as British using form MN1 (at HO discretion).
I was bearing in mind the following as a 'worst case' (yes, it costs), but still a route to citzenship;boloney wrote:child was born in the UK. Why would you say registration is as HO discretion? Registration is expensive so he wanna avoid it.noajthan wrote:Tom,
in reply to above...
The worst case is you can always achieve PR now (based on your residence & work in UK to date) and now register your daughter as British using form MN1 (at HO discretion).
- note the use of "may now have ..."The child of an EA national who did not become a British citizen at birth may now have an entitlement to be registered as a British citizen under section 1(3), if the parent has since become “settled” here.
The parent will have become "settled” if she has been granted indefinite leave in the United Kingdom, or
He or she has been exercising EEA free movement rights in the United Kingdom for a continuous period of five years ending on or after 3o April 2006.
That is incorrect. Since the EEA Regulations were enacted in 2006, there has been a requirement for students and self-sufficient persons to have CSI. The link that you provide is a reminder to caseworkers to apply that requirement when EEA citizens first became eligible to apply for PR (5 years after the EEA Regulations came into force). It does not create the requirement, but is merely a reminder of a pre-existing requirement.Torex wrote:The Passport Office is wrong about asking you to provide evidence of CSI.
The CSI requirement was introduced on 20 June 2011.
So there is no need for you to worry about CSI.
Again Home Office shows how incompetent they are.
You must know your rights and fight with them.
Comprehensive Sickness InsuranceFrom 20th June 2011 EEA nationals applying for documentation confirming their right to reside in the UK as a student or self-
sufficient person must present one of the following forms of evidence in order to demonstrate comprehensive sickness insurance.
As the child is born in the UK, if s/he needs registration, it will be under Section 1(3), which is an entitlement to registration and is not at HO discretion.noajthan wrote:The worst case is you can always achieve PR now (based on your residence & work in UK to date) and now register your daughter as British using form MN1 (at HO discretion).
child was born in the UK so if one of the parents is settlet she can be registered as BC and HO can't do nothing.noajthan wrote:I was bearing in mind the following as a 'worst case' (yes, it costs), but still a route to citzenship;boloney wrote:child was born in the UK. Why would you say registration is as HO discretion? Registration is expensive so he wanna avoid it.noajthan wrote:Tom,
in reply to above...
The worst case is you can always achieve PR now (based on your residence & work in UK to date) and now register your daughter as British using form MN1 (at HO discretion).
From MN1 guide (June 2015):- note the use of "may now have ..."The child of an EA national who did not become a British citizen at birth may now have an entitlement to be registered as a British citizen under section 1(3), if the parent has since become “settled” here.
The parent will have become "settled” if she has been granted indefinite leave in the United Kingdom, or
He or she has been exercising EEA free movement rights in the United Kingdom for a continuous period of five years ending on or after 3o April 2006.
And even if the parents do not become settled a child born in UK can still be registered after living ten years in UK under 1(4) of BNA.
Hopefully the nonsense received from HO about PR can be overcome in this case and it will be a straightforward entitlement to passport.