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Working & Self-employed & studying & benefits

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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LillyPearl
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Joined: Fri Feb 19, 2016 8:14 am

Working & Self-employed & studying & benefits

Post by LillyPearl » Fri Feb 19, 2016 8:53 am

I have been living in the UK exercising Treaty rights since 1999, but only decided to apply for documentation now. Here is my question:
In 2011 I was on unpaid leave from my work for part of the year. At the same time I was self-employed (part-time and paying the appropriate NICs) and I was studying (part-time). I was also claiming means tested benefits. I did not have an EHIC from another EEA country, nor did I have health insurance, as I had no idea I needed it at the time (and I was registered as a Home Student, not EU). Can 2011 count as a qualifying year or will my studies be a problem?
Do I have to declare the study, since it was part-time and I was working at the same time?

If 2011 does not count, could I use 2005-2010 as my qualifying years instead of 2010-2015? (which means it will be harder to get all the information required, but not impossible) Or should I just wait until next year to apply?

And another one: my employer has sponsored me to take some courses at university for the past three years (at less than part-time). Am I right in thinking that they do not affect my status? I have not declared a degree and I don't think I ever will.

And a final question about benefits: because the income from self employment was variable, the housing benefit I was getting changed several times over that year. Do I have to record every change in the form or can I give an average and explain in a cover letter?

LillyPearl
Newly Registered
Posts: 20
Joined: Fri Feb 19, 2016 8:14 am

Re: Working & Self-employed & studying & benefits

Post by LillyPearl » Fri Feb 19, 2016 9:01 am

A quick addition: I notice that proof of sickness insurance etc became a requirement in June 2011. My studies finished in June 2011. I don't suppose that makes any difference, does it?

akz
Member
Posts: 197
Joined: Mon Mar 16, 2015 10:06 am

Re: Working & Self-employed & studying & benefits

Post by akz » Fri Feb 19, 2016 10:35 am

LillyPearl wrote:I have been living in the UK exercising Treaty rights since 1999, but only decided to apply for documentation now. Here is my question:
In 2011 I was on unpaid leave from my work for part of the year. At the same time I was self-employed (part-time and paying the appropriate NICs) and I was studying (part-time). I was also claiming means tested benefits. I did not have an EHIC from another EEA country, nor did I have health insurance, as I had no idea I needed it at the time (and I was registered as a Home Student, not EU). Can 2011 count as a qualifying year or will my studies be a problem?
Do I have to declare the study, since it was part-time and I was working at the same time?

If 2011 does not count, could I use 2005-2010 as my qualifying years instead of 2010-2015? (which means it will be harder to get all the information required, but not impossible) Or should I just wait until next year to apply?

And another one: my employer has sponsored me to take some courses at university for the past three years (at less than part-time). Am I right in thinking that they do not affect my status? I have not declared a degree and I don't think I ever will.

And a final question about benefits: because the income from self employment was variable, the housing benefit I was getting changed several times over that year. Do I have to record every change in the form or can I give an average and explain in a cover letter?

Bro I have same case as you have and now I am waiting for my First tier tribunal decision in a week time. It will answer almost your question. wish me good luck

akz
Happy to help and Happy to be helped

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Working & Self-employed & studying & benefits

Post by noajthan » Fri Feb 19, 2016 11:16 am

LillyPearl wrote:I have been living in the UK exercising Treaty rights since 1999, but only decided to apply for documentation now. Here is my question:
In 2011 I was on unpaid leave from my work for part of the year. At the same time I was self-employed (part-time and paying the appropriate NICs) and I was studying (part-time). I was also claiming means tested benefits. I did not have an EHIC from another EEA country, nor did I have health insurance, as I had no idea I needed it at the time (and I was registered as a Home Student, not EU). Can 2011 count as a qualifying year or will my studies be a problem?
Do I have to declare the study, since it was part-time and I was working at the same time?

If 2011 does not count, could I use 2005-2010 as my qualifying years instead of 2010-2015? (which means it will be harder to get all the information required, but not impossible) Or should I just wait until next year to apply?

And another one: my employer has sponsored me to take some courses at university for the past three years (at less than part-time). Am I right in thinking that they do not affect my status? I have not declared a degree and I don't think I ever will.

And a final question about benefits: because the income from self employment was variable, the housing benefit I was getting changed several times over that year. Do I have to record every change in the form or can I give an average and explain in a cover letter?
What is your nationality?
On what basis did you come to UK in 1999?

Note You may have been stamped into UK with ILR (stamp or annotation in original passport)- check original passport.
:arrow: if so you will be settled & no need for PR.

If you need to prove you have acquired PR you can use any 5-year qualifying period.
:idea: Even from 1999, ie even before you country joined EU/EEA.

If you need to include your student years did you have a RC issued to you as student in or before 2011 :?:
If so there is a transitional arrangement that may save your bacon.
:arrow: So do check if you had a RC at that time

Vocational training is fine. It may not detract from worker status.

Yes, declare everything - best be transparent.

:idea: Having said that you don't have to use latest (monster) form, it is not a legal/mandatory requirement.
You can use an earlier (simpler) form. See Gov UK archive website (linkks to be found in this forum).

Or you can 'go commando' and apply by letter - that option probably best left to hardcore applicants only.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

LillyPearl
Newly Registered
Posts: 20
Joined: Fri Feb 19, 2016 8:14 am

Re: Working & Self-employed & studying & benefits

Post by LillyPearl » Fri Feb 19, 2016 2:18 pm

I am Greek, so my country was already in the EU when I moved to the UK in 1995, so I have no stamps in my passports.
I was a student until 1999 (which is why I only mentioned 1999, back then if you were a student you could not count those years towards residency or citizenship, as I was told). Between 1999 and 2010 I was working and self employed and unemployed and working again etc etc etc. so I have five solid years of proof. The problem is "£%£$%$ 2011 (excuse the language).
I have no stamps in my passports, I never had a RC and frankly I never thought of bothering with it until now, when I decided that in the unlikely event of a Brexit, it might be worth having my documentation in order.
I'll stick to the current official application form, as I am too worried of some bureaucrat rejecting the old one for some insignificant reason.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Working & Self-employed & studying & benefits

Post by noajthan » Fri Feb 19, 2016 2:29 pm

LillyPearl wrote:I am Greek, so my country was already in the EU when I moved to the UK in 1995, so I have no stamps in my passports.
I was a student until 1999 (which is why I only mentioned 1999, back then if you were a student you could not count those years towards residency or citizenship, as I was told). Between 1999 and 2010 I was working and self employed and unemployed and working again etc etc etc. so I have five solid years of proof. The problem is "£%£$%$ 2011 (excuse the language).
I have no stamps in my passports, I never had a RC and frankly I never thought of bothering with it until now, when I decided that in the unlikely event of a Brexit, it might be worth having my documentation in order.
I'll stick to the current official application form, as I am too worried of some bureaucrat rejecting the old one for some insignificant reason.
Understood.
In that case...

To prove you have acquired PR you can use any 5-year qualifying period.
- even from 1999 onwards.
Say 2001 - 2006.

Choose a period avoiding your carefree student years as (without CSI/EHIC/RC) your PR clock will have stopped at that time.
So find 5 years when you have good (if not unimpeachable) documentary supporting evidence of exercising treaty rights as a qualified person.

Suggest print off relevant sections of form - you can use a simpler/earlier version.
Collate all evidence.
Practise filling in form - see how it all shapes up.

Keep scans/copies of all evidence & form you submit - for your reference in case of HO issues later.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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