EEA Permanent Residence Applications - worked with no permit

[runner90]

I'm an A8 EEA citizen who'd like to apply for UK permanent residence certificate (and then for citizenship) but I think I may have a problem....

In a nutshell - I've been in the UK for almost 10 years. Arrived in 2006 at the age of 16 from Poland, studied 2006-09, then worked full time and studied for a degree between 2009 and 2013. Overall I have been in full time employment since 2009.

The problem is that I did not register with Worker Registration Scheme when I started working in July 2009 which apparently was mandatory. It's *literally* the first time I heard about WRS when I read the application notes. The employer did not ask me for it. I was a fresh kid out of college, I had no idea I was supposed to apply for WRS.
- Will declaring on my application that I was working without permission give HO a reason to refuse it? Or worse, prosecute me?
- Would it be a good option to explain that, for the purpose of the application, I want to provide the details of my activity after May 2011 only (when the wrs was abolished)? This would make it look as I started my first job in May 2011 rather than July 2009 so I'm afraid they (HO) may have a problem with that?
- I know that being a student makes me a qualified person but I did not have comprehensive sickness insurance during that the time of study - which also seems to be a requirement in case of students (again, never heard of CSI before).
- Can you guys share your thoughts on the best course of action?

[noajthan]

I'm an A8 EEA citizen who'd like to apply for UK permanent residence certificate (and then for citizenship) but I think I may have a problem....

In a nutshell - I've been in the UK for almost 10 years. Arrived in 2006 at the age of 16 from Poland, studied 2006-09, then worked full time and studied for a degree between 2009 and 2013. Overall I have been in full time employment since 2009.

The problem is that I did not register with Worker Registration Scheme when I started working in July 2009 which apparently was mandatory. It's *literally* the first time I heard about WRS when I read the application notes. The employer did not ask me for it. I was a fresh kid out of college, I had no idea I was supposed to apply for WRS.
- Will declaring on my application that I was working without permission give HO a reason to refuse it? Or worse, prosecute me?
- Would it be a good option to explain that, for the purpose of the application, I want to provide the details of my activity after May 2011 only (when the wrs was abolished)? This would make it look as I started my first job in May 2011 rather than July 2009 so I'm afraid they (HO) may have a problem with that?
- I know that being a student makes me a qualified person but I did not have comprehensive sickness insurance during that the time of study - which also seems to be a requirement in case of students (again, never heard of CSI before).
- Can you guys share your thoughts on the best course of action?

Relax this is not a prosecutable offence. Home Secretary & DC have bigger fish to fry.
Although, technically, your employer/s committed an offence in employing you unregistered.

Don't be too hard on yourself, you're not the first - won't be the last.

Worst case your PR clock started in mid-2011 and so PR could be acquired later in 2016.
So worst case you have incurred some delays to your plans.

However you may have acquired it before.

Were you here in UK with an EEA national parent?

If they were a qualifying person exercising treaty rights continuously for 5 years and you were in UK (not necessarily even living with them) you would be classed a direct family member / dependent.
You could have acquired PR via this sponsor.

Once someone acquires PR it can't usually be lost except by absence from UK of 2+ years.
And once PR is acquired there is no further need to exercise treaty rights - how cool is that.

You said you arrived in 2006 so you may have acquired PR as early as 2011 via your sponsor/parent.
As a dependent your activity is immaterial (as long as legal ofcourse) so then no need for WRS/CSI & etc.

[runner90]

I'm an A8 EEA citizen who'd like to apply for UK permanent residence certificate (and then for citizenship) but I think I may have a problem....

In a nutshell - I've been in the UK for almost 10 years. Arrived in 2006 at the age of 16 from Poland, studied 2006-09, then worked full time and studied for a degree between 2009 and 2013. Overall I have been in full time employment since 2009.

The problem is that I did not register with Worker Registration Scheme when I started working in July 2009 which apparently was mandatory. It's *literally* the first time I heard about WRS when I read the application notes. The employer did not ask me for it. I was a fresh kid out of college, I had no idea I was supposed to apply for WRS.
- Will declaring on my application that I was working without permission give HO a reason to refuse it? Or worse, prosecute me?
- Would it be a good option to explain that, for the purpose of the application, I want to provide the details of my activity after May 2011 only (when the wrs was abolished)? This would make it look as I started my first job in May 2011 rather than July 2009 so I'm afraid they (HO) may have a problem with that?
- I know that being a student makes me a qualified person but I did not have comprehensive sickness insurance during that the time of study - which also seems to be a requirement in case of students (again, never heard of CSI before).
- Can you guys share your thoughts on the best course of action?

Relax this is not a prosecutable offence. Home Secretary & DC have bigger fish to fry.
Although, technically, your employer/s committed an offence in employing you unregistered.

Don't be too hard on yourself, you're not the first - won't be the last.

Worst case your PR clock started in mid-2011 and so PR could be acquired later in 2016.
So worst case you have incurred some delays to your plans.

However you may have acquired it before.

Were you here in UK with an EEA national parent?

If they were a qualifying person exercising treaty rights continuously for 5 years and you were in UK (not necessarily even living with them) you would be classed a direct family member / dependent.
You could have acquired PR via this sponsor.

Once someone acquires PR it can't usually be lost except by absence from UK of 2+ years.
And once PR is acquired there is no further need to exercise treaty rights - how cool is that.

You said you arrived in 2006 so you may have acquired PR as early as 2011 via your sponsor/parent.
As a dependent your activity is immaterial (as long as legal ofcourse) so then no need for WRS/CSI & etc.

Makes total sense - many thanks for the answer
My dad had been self-employed for two years before I arrived but I don't want to go through the nightmare of getting his documents checked out.

Will apply in May 2016 then

[runner90]

Hi,

I'm applying for PR and have a quick question related to providing evidence of earnings from self-employement and that I'm actively trading.

Quote from Annex B of Guidance Notes

2. Proof of earnings from self-employment:
- copies of invoices, receipts for payments, (...)
- personal or business bank statements showing receipt of payments for work carried out
- if trading for more than 12 months, a copy of your/your sponsor’s statutory accounts for the
relevant period with a letter from your/their accountant confirming gross/net profit for the
relevant period
3. Evidence that the business is/was actively trading
At least two of the following:
- copies of invoices for services provided
- contracts to provide services
- receipts for purchase of tools or business equipment
- testimonials or references from clients, with their contact details (note: we will verify these
documents)
- examples of business advertising (such as flyers, online advertising, listing in Yellow Pages,
listing in trade magazines or on trade websites)
- any other relevant evidence.

I only have one proof of earnings i.e. invoices. The clients always make payments in cash (apart from 1 or 2 who occasionally make transfers to my bank account). I file my own self-assessment and don't have an accountant.
What other evidence can I provide? Would a detailed summary of my earnings for all the years be sufficient? Is this likely to be a serious problem?
Proving that I'm actively trading could be a problem too (point 3 from annex b).
I could get recommendation from current clients but I may have problems getting hold of the old ones. Is the client recommendations for current year be enough?
Also, I mostly got my assignments by verbal recommendations from other clients, i don't really advertise, don't make formal contracts and don't buy tools...

Any thoughts would be much appreciated.

Thanks!

[noajthan]

Yes you need rock solid evidence to back your case.
And HO will apply its MET test which goes above and beyond the cleaner, purer EU law.

[runner90]

Yes you need rock solid evidence to back your case.
And HO will apply its MET test which goes above and beyond the cleaner, purer EU law.

Thanks for responding. I'm going to add trading accounts and testimonials from the current clients as well as any past clients that I can get hold of...

What do you mean by MET test?
Google is letting me down on this one

[runner90]

ah got it https://www.freemovement.org.uk/using-m ... ine-worker

[runner90]

Hello!

I've decided to apply for PR by letter rather than either of the PR forms - this is to avoid a bunch of irrelevant questions and ... stay green (80-page application)

I have 3 questions:
- I'm wondering if someone could skim through the details and tell me if the info I included and evidence seem sufficient to them.

- Despite my very specific request, my employers didn't reveal salary, reason for leaving and hours of work in the letters - I think it's because they're not allowed. Hence extra detail in employment evidence. Can HO pick on this?

- I don't have much evidence for residence from the time I was a student... I lived with my parents then and don't have any correspondence other than from Student Loans Company, Student Finance, universities, banks and just one letter from NHS. Do you think it'll be sufficient?

Letter content:

RE: Permanent Residence Application
I wish to apply for a document certifying that I have held permanent residence since the 1st of May 2011. This is based on the fact that I have been an EEA national exercising Treaty Rights in the UK for more than 5 years.

Please find attached the following:
- The relevant personal information
- Support documents and itemised checklist
- Two passport photographs
- Application fee

Personal information fields:
PR Start Date, Full Name (as shown on passport), All Citizenships Held, Date and Place of Birth, Address, Email and Mobile, National Insurance Number, Passport Information, Absences from the UK

Employment History with:
Name and Address of Employer, Start Date, End Date, Base Salary, Reason for Leaving

Itemised List of Supporting Documents
Proof of Identity: Passport

Proof Of Employment: P60 from each tax year, letters from each employer, employment contracts, P45s, selected payslips x 4
Bank Statements (showing receipt of wages): 3 per each calendar year - each from January, May/June and December

Evidence of Residence:
2011: Bank Statements as listed above, Letter from Student Finance England
2012: Bank Statements as listed above, Letter from Student Loans Company, Alumni Letter from University 1, Letter Status from University 2
2013: Bank Statements as listed above, Letter from SLC, Annual charges summary from bank 1, Annual Interest Summary from bank 2
2014: Bank Statements as listed above, Letter from NHS, Electricity Statement, Letter from Hargreaves & Lansdown
2015: Bank Statements as listed above, Yearly Electricity Statement, Yearly Council Tax Bill, Water and wastewater Bill
2016: Bank Statements as listed above, Yearly Electricity Statement, HMRC Tax Calculation, 2-year Mobile Phone Bill Statement

[MrSlyFox]

From 1st February 2017, all applications for EEA documentation will have to be made on the specified Home Office form (Regulation 21). So you might want to apply quickly if you wish to use a letter

See this Post:
http://www.immigrationboards.com/eea-ro ... l#p1419964

[runner90]

From 1st February 2017, all applications for EEA documentation will have to be made on the specified Home Office form (Regulation 21). So you might want to apply quickly if you wish to use a letter

See this Post:
http://www.immigrationboards.com/eea-ro ... l#p1419964

Really good to know, thanks for sharing

[noajthan]

Hello!

I've decided to apply for PR by letter rather than either of the PR forms - this is to avoid a bunch of irrelevant questions and ... stay green (80-page application)

...

[/quote]

Until February my underestanding is you could use a simpler, earlier version of the PR form.
Examples to be found in forum.

You seem to have omitted first entry date into UK.
Also details of period of self employment
And details of WRS and CSI (or lack of).
Suggest boost your proof of residence in UK.
And details of any absences.