Is there a category "establish himself in business" for PR?

[pruk88]

can you please write us an update in case you received some clarification from HO?

[secret.simon]

You can't mix-and-match time spent in the UK under the UK Immigration Rules (HSMP/any PBS category) and the EEA Regulations (except under the 10 year Long Residence rule).

Which nationalities do you have and since when?

Assuming that your EU nationality is an A8 country, your PR clock would have started from 1st May 2011, when compulsory WRS registration came to an end. If you have continued as a worker since then, you would have acquired PR automatically on 30th April 2016.

HSMP had nothing to do with WRS authorisation anyway.

[pruk88]

You can't mix-and-match time spent in the UK under the UK Immigration Rules (HSMP/any PBS category) and the EEA Regulations (except under the 10 year Long Residence rule).

Which nationalities do you have and since when?

Assuming that your EU nationality is an A8 country, your PR clock would have started from 1st May 2011, when compulsory WRS registration came to an end. If you have continued as a worker since then, you would have acquired PR automatically on 30th April 2016.

HSMP had nothing to do with WRS authorisation anyway.

Hi we are talking here about EU2 countries, registration finished before 01/01/14

if you spent 3 years as tier 1 and 2 years as eu, can you really combine this? and if so for what category PR or ILR?

thanks!

[secret.simon]

if you spent 3 years as tier 1 and 2 years as eu, can you really combine this? and if so for what category PR or ILR?

No, you can't combine them, because they are two separate laws, with different requirements. As explained above, you can only combine them for the 10 year Long Residency applications.

If you have spent 2 years in the UK as an EU citizen (and assuming that you have met the registration requirements in that period), you would acquire PR before you become eligible for ILR(LR) anyway.

[Richard W]

You can't mix-and-match time spent in the UK under the UK Immigration Rules (HSMP/any PBS category) and the EEA Regulations (except under the 10 year Long Residence rule).

I think that is wrong. My understanding is that what would otherwise have been legal residence under the regulations prior to the country of nationality joining the EEA also counts for obtaining permanent residence. In that case, working without registration does not qualify because it is working unlawfully. Now, unless I've missed something, the OP has not been working unlawfully.

I think the key moral point is that he has been a worker "within the meaning of Article 39 of the Treaty
establishing the European Community" as the Immigration (EEA) Regulations 2006 Section 4(1) puts it.

There may be a struggle to establish that argument, as the accession regulations have been worded to plug that loophole and worded to require registration. For example,

A national of Bulgaria or Romania is not an accession State national subject to worker authorisation if he has leave to enter or remain in the United Kingdom under the 1971 Act and that leave is not subject to any condition restricting his employment.

However, Regulation 2 of the Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2007 restricted that exclusion to leave held on 31 December 2006.

I think however, the blue registration certificate is the key document:

A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a highly skilled person and holds a registration certificate that includes a statement that he has unconditional access to the United Kingdom labour market.

On that basis, by the British EEA Regulations and related statutory instruments, the PR clock started on 8 August 2011 (or earlier if the certificate has retrospective effect). The previous time spent working as an A2 national was lawful, but seemingly just not covered by the EEA Regulations.

If aiming for naturalisation, arguing over the date of PR in court might not be helpful. We are getting no indication that the referendum will be the cut off date for PR to take effect. A change in naturalisation policy could make up for any deficiency in the Home Office's legal position, so a difference between applying for naturalisation in March 2017 (probable DCPR date) and applying in August 2017 (indubitable eligibility for citizenship) is unlikely to matter greatly.

[Richard W]

if you spent 3 years as tier 1 and 2 years as eu, can you really combine this? and if so for what category PR or ILR?

The OP ran them in parallel. He's looking at mending the deficiencies in his EEA status during his first 9 months as a citizen (or longer if he was actually an undocumented citizen before that). The OP did ultimately register; his question seems to be whether he acquired PR before the referendum.

[pruk88]

Hi All,

I have noticed that case law mentions a concept of "a person intends to establish himself in a company in the United Kingdom which he effectively conIrol" -

Can this be used for the purposes of PR application? I can not find a reference of this in EC Treaty.
It seems to me that this concept is closer to self-employed, as you are not competing on local job market.

I am wondering whether a person who set up his own business through his own company can overcome registration requirements for E2 nationals which were in force until 31.12.14

Please share your thoughts/experiences


Please see clause 14 Barkoci - Malik-
http://curia.europa.eu/juris/showPdf.js ... cid=446381

[pruk88]

if you spent 3 years as tier 1 and 2 years as eu, can you really combine this? and if so for what category PR or ILR?

The OP ran them in parallel. He's looking at mending the deficiencies in his EEA status during his first 9 months as a citizen (or longer if he was actually an undocumented citizen before that). The OP did ultimately register; his question seems to be whether he acquired PR before the referendum.

Dear Richard & others,

I have noticed that case law mentions a concept of "a person intends to establish himself in a company in the United Kingdom which he effectively conIrol" -

Can this be used for the purposes of PR application? I can not find a reference of this in EC Treaty.
It seems to me that this concept is closer to self-employed, as you are not competing on local job market.

I am wondering whether a person who set up his own business through his own company can overcome registration requirements for E2 nationals which were in force until 31.12.14

Please share your thoughts/experiences

[noajthan]

Posts merged.