EEA national, looking to apply for PR card.

[AngelaMe]

Looking for a bit of advice, please. I am a romanian national. First came to UK in May 2009 and been an au-pair for aprox 2 years. I have got my Residence Document( Blue Card) in May, 2011 and my NIN in September,2011 . From which of the above dates I can count 5 years of residence in order to apply for a PR card. Thank you in advance!

[noajthan]

Looking for a bit of advice, please. I am a romanian national. First came to UK in May 2009 and been an au-pair for aprox 2 years. I have got my Residence Document( Blue Card) in May, 2011 and my NIN in September,2011 . From which of the above dates I can count 5 years of residence in order to apply for a PR card. Thank you in advance!

From which date did you start exercising treaty rights (as a worker, student or etc)?
Have you had any lengthy absences from UK during your time residing in UK?

[AngelaMe]

- from May 2009 - december 2009 (au pair, cash in hands - leaving with the family)
- january 2010 - december 2011 : au -pair for a 2nd family
- january 2012 - december 2012 , been working as a personal assistant ( No contribution to NIN as my income was very low - I have payslips)
- since february 2013 I start paying contribution to NIN
I was never out of the UK for more than 2 - 3 weeks/year

[noajthan]

- from May 2009 - december 2009 (au pair, cash in hands - leaving with the family)
- january 2010 - december 2011 : au -pair for a 2nd family
- january 2012 - december 2012 , been working as a personal assistant ( No contribution to NIN as my income was very low - I have payslips)
- since february 2013 I start paying contribution to NIN
I was never out of the UK for more than 2 - 3 weeks/year

You will need adequate documentary evidence to show you were exercising treaty rights as a worker.
That may be tricky for your time as an au pair, ie from 2009-2011.

Your time as a worker since 2012 may be easier to document & to submit evidence for.
But that means your PR clock is still running and so your PR should be acquired (automatically) early in 2017.

Suggest you review the HO guidance on qualified persons to see if you think your earlier working years will count towards PR.
See https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 11+

If that time can be counted then you could have acquired PR in mid-2014 or thereabouts.

Good luck.

[18august2014]

Looking for a bit of advice, please. I am a romanian national. First came to UK in May 2009 and been an au-pair for aprox 2 years. I have got my Residence Document( Blue Card) in May, 2011 and my NIN in September,2011 . From which of the above dates I can count 5 years of residence in order to apply for a PR card. Thank you in advance!

- from May 2009 - december 2009 (au pair, cash in hands - leaving with the family)
- january 2010 - december 2011 : au -pair for a 2nd family
- january 2012 - december 2012 , been working as a personal assistant ( No contribution to NIN as my income was very low - I have payslips)
- since february 2013 I start paying contribution to NIN
I was never out of the UK for more than 2 - 3 weeks/year

Hello.

It appears that you can qualify as a worker if you were in the UK as an au pair. However, you may need to check the rules to see if you actually qualified as an au pair (e.g. aged 17-27, not married, no dependents, in the UK to learn English, receiving an allowance, help in the house for maximum five hours per day, living with an English speaking family with appropriate time for study). You may wish to look at the below HMRC information regarding au pairs:

http://www.hmrc.gov.uk/manuals/tctmanual/tctm02087.htm

As a Romanian national, it appears that you should have had authorisation to work under the Workers Authorisation Scheme before you started work as an au pair. Given that you only acquired authorisation in May 2011, it looked like that would have been the date from which you started to have 'qualified person' status.

However, to be free from work authorisation, you should have remained in an authorised category of employment for 12 months. Given that you stopped being in an authorised category of employment before the 12 month requirement (i.e. January 2012), it appears then that you ceased to hold 'qualified person' status.

You may wish to check the categories of authorised workers here: http://www.legislation.gov.uk/uksi/2006 ... 114_en.pdf

As Romanian nationals stopped being subject to work authorisation from 1 January 2014, it appears that this is the date from which your 'qualified person' status started counting, provided your job as a personal assistant meets the definition of a worker.

I've prepared this analysis on the basis of my own knowledge and research, so you may wish to browse other pages in this forum or seek legal advice. You could also contact your Citizens Advice Bureau.

All the best!

[18august2014]

Looking for a bit of advice, please. I am a romanian national. First came to UK in May 2009 and been an au-pair for aprox 2 years. I have got my Residence Document( Blue Card) in May, 2011 and my NIN in September,2011 . From which of the above dates I can count 5 years of residence in order to apply for a PR card. Thank you in advance!

- from May 2009 - december 2009 (au pair, cash in hands - leaving with the family)
- january 2010 - december 2011 : au -pair for a 2nd family
- january 2012 - december 2012 , been working as a personal assistant ( No contribution to NIN as my income was very low - I have payslips)
- since february 2013 I start paying contribution to NIN
I was never out of the UK for more than 2 - 3 weeks/year

Hello.

It appears that you can qualify as a worker if you were in the UK as an au pair. However, you may need to check the rules to see if you actually qualified as an au pair (e.g. aged 17-27, not married, no dependents, in the UK to learn English, receiving an allowance, help in the house for maximum five hours per day, living with an English speaking family with appropriate time for study). You may wish to look at the below HMRC information regarding au pairs:

http://www.hmrc.gov.uk/manuals/tctmanual/tctm02087.htm

As a Romanian national, it appears that you should have had authorisation to work under the Workers Authorisation Scheme before you started work as an au pair. Given that you only acquired authorisation in May 2011, it looked like that would have been the date from which you started to have 'qualified person' status.

However, to be free from work authorisation, you should have remained in an authorised category of employment for 12 months. Given that you stopped being in an authorised category of employment before the 12 month requirement (i.e. January 2012), it appears then that you ceased to hold 'qualified person' status.

You may wish to check the categories of authorised workers here: http://www.legislation.gov.uk/uksi/2006 ... 114_en.pdf

As Romanian nationals stopped being subject to work authorisation from 1 January 2014, it appears that this is the date from which your 'qualified person' status started counting, provided your job as a personal assistant meets the definition of a worker.

I've prepared this analysis on the basis of my own knowledge and research, so you may wish to browse other pages in this forum or seek legal advice. You could also contact your Citizens Advice Bureau.

All the best!

CORRECTION

Regarding your blue card, if it was certifying that you were exempt from the requirement for work authorisation, then you started to be a 'qualified person' in May 2011 and therefore may be eligible for PR in May 2016 assuming you retained the 'qualified person' status for five consecutive years.