EEA Application Help Please

[toblerone]

I made an application on the basis of being a single Spanish resident for PR.My MP enclosed a letter with the application mentioning that I had a partner.I phoned the HO helpline and they told me that applying as a single person would be fine even though I had a partner.Should I send a covering letter to be added to my application quoting what they told me.

[secret.simon]

if you are a Spanish citizen applying for DCPR, you will likely have acquired your PR in your own right (unless you are doing so as the family member of another non-British EEA citizen).

In such a case (that you have acquired PR in your own right), your having a partner is entirely immaterial to the consideration for a DCPR.

So, there is no need for a letter stating that.

[Casa]

Why did you feel the need to include a letter of support from your MP? Are you concerned that you may not qualify for PR?

[toblerone]

Why did you feel the need to include a letter of support from your MP? Are you concerned that you may not qualify for PR?

I was told by the HO helpline that if I did not pay tax,I would not qualify for the card.My earnings for the last six years have been consistently above the Primary Earnings Threshold but below the UK tax threshold.O n that basis I would qualify.The PET is the rate that NI contributions start.

[noajthan]

Why did you feel the need to include a letter of support from your MP? Are you concerned that you may not qualify for PR?

I was told by the HO helpline that if I did not pay tax,I would not qualify for the card.My earnings for the last six years have been consistently above the Primary Earnings Threshold but below the UK tax threshold.O n that basis I would qualify.The PET is the rate that NI contributions start.

Do not rely or act upon the helpline 'advice'.
Known to be consistent and unreliable and unaccountable.

EU law and genuine and effective work is the acid test here, regardless of the random tax thresholds in one obscure area of the EU.
If you fall foul of UK PET/MET test, well that is UK HO going way above and beyond EU law.

[toblerone]

Thank you - it is rather difficult to remember where and when I went on holiday back home or for just few days in the last 5 years! unfortunately there is no record of it in my passport...
poor me!

Not just 5 years but since you arrived in UK.

Simply state month/year if you cannot remember specifics.

Noajthan,I think that I have made the same mistake in my application for PR and listed the previous five years and not the time when I first entered the UK.Can you please advise what action I should take.

[noajthan]

Noajthan,I think that I have made the same mistake in my application for PR and listed the previous five years and not the time when I first entered the UK.Can you please advise what action I should take.

Hmm, do you have a lot of absences/prolonged absence/s?

You need to be able to show you have maintained continuity of residence during your time in UK;
also that you have not lost PR after you have acquired it (if you have acquired it).

Suggest print off relevant page of form, add updates.
Send to HO cross-referencing your application.

[toblerone]

Noajthan,I think that I have made the same mistake in my application for PR and listed the previous five years and not the time when I first entered the UK.Can you please advise what action I should take.

Hmm, do you have a lot of absences/ prolonged absence/s?

You need to be able to show you have maintained continuity of residence during your timme in UK;
also that you have not lost PR after you have acquired it (if you have acquired it).

Suggest print off relevant page of form, add updates.
Send to HO cross-referencing your application.

Thanks,Noajthan,I have had broken residences and returned to UK in 2008 and I was self sufficient for about 18 months but without CSI.Will that present a problem.

[noajthan]

To avoid confusion & jumbled responses (not to mention the sin of hijacking another member's topic), I have moved your question to your original thread (this one).

[noajthan]

Thanks,Noajthan,I have had broken residences and returned to UK in 2008 and I was self sufficient for about 18 months but without CSI.Will that present a problem.

If applying in own right then being self-sufficient but without CSI does not make you a selfsufficient qualified person in the context of free movement;
- it would have stopped your PR clock. Dead.

That is unless you had already acquired PR and so did not have to be a qualified person anymore.

You mentioned leaving in 2008.
When did you arrive in UK?
How have you exercised treaty rights as a qualified person? (over the years).

[toblerone]

Thanks,Noajthan,I have had broken residences and returned to UK in 2008 and I was self sufficient for about 18 months but without CSI.Will that present a problem.

If applying in own right then being self-sufficient but without CSI does not make you a selfsufficient qualified person in the context of free movement;
- it would have stopped your PR clock. Dead.

That is unless you had already acquired PR and so did not have to be a qualified person anymore.

You mentioned leaving in 2008.
When did you arrive in UK?
How have you exercised treaty rights as a qualified person? (over the years).

I exercised treaty rights from 1990 until about 2006 with about 2 years overseas after that, so my residency may have been ended.I then returned to the UK for 18 months without working and started working again without a further break from 2009.My documentation before 2009 is quite limited.

[noajthan]

I exercised treaty rights from 1990 until about 2006 with about 2 years overseas after that, so my residency may have been ended.I then returned to the UK for 18 months without working and started working again without a further break from 2009.My documentation before 2009 is quite limited.

So (if you had PR and lost it 'back in the day') you may have acquired PR again 5 years or so after 2009. That's fine.
Use evidence for that period.
Whatever the period the evidence needs to be rock-solid.

[toblerone]

I exercised treaty rights from 1990 until about 2006 with about 2 years overseas after that, so my residency may have been ended.I then returned to the UK for 18 months without working and started working again without a further break from 2009.My documentation before 2009 is quite limited.

So (if you had PR and lost it 'back in the day') you may have acquired PR again 5 years or so after 2009. That's fine.
Use evidence for that period.
Whatever the period the evidence needs to be rock-solid.

However,I may be asked why I did not have CSI before 2009 and that may be grounds for refusal.Perhaps,It would be better to withdraw the application.My evidence for exercising treaty rights in my application since 2009 is well documented.

[noajthan]

However,I may be asked why I did not have CSI before 2009 and that may be grounds for refusal.Perhaps,It would be better to withdraw the application.My evidence for exercising treaty rights in my application since 2009 is well documented.

No, you will not be asked. Nor will you be refused for lack of CSI in a previous period if you have a later qualifying period.
This is not a visa application.

And do not get into the mindset of massaging material facts to make a 'good' application.
For one thing, you are unlikely to have the knowledge and experience of what a caseworker needs to see.

Its very binary, meet requirements in an appropriate qualifying period and pass.
Fail to meet requirements or fail to submit adequate supporting evidence: refusal.

[toblerone]

Its very binary, meet requirements in an appropriate qualifying period and pass.
Fail to meet requirements or fail to submit adequate supporting evidence: refusal.

Thank you ,Your quick and helpful answers have been much appreciated

[toblerone]

If you are able to prove that you were exercising treaty rights over the last five years but that prior to then you were not exercising those righs by way of not having CSI.Is the Home Office still able to issue a removal order against you.My research indicates that the HO takes harsh view on those defaulting on the CSI requirement.I would be grateful if someone can quote me some case law on that or any relevant detail.
Many thank,for any help.

[CR001]

No, you will not be asked. Nor will you be refused for lack of CSI in a previous period if you have a later qualifying period.
This is not a visa application.

Noajthan answered your question in your earlier posts (now merged). You are overthinking this, you won't get 'deported' for not having CSI.

[noajthan]

If you are able to prove that you were exercising treaty rights over the last five years but that prior to then you were not exercising those righs by way of not having CSI.Is the Home Office still able to issue a removal order against you.My research indicates that the HO takes harsh view on those defaulting on the CSI requirement.I would be grateful if someone can quote me some case law on that or any relevant detail.
Many thank,for any help.

Research some more.
UK guidance intimates it would be disproportionate to administratively remove a Union citizen for not having CSI.
And deportation is not even in the frame.

I leave the search as an exercise for the interested reader.

[toblerone]

I have been exercising treaty rights since the eighties.Each year since arriving in the UK, I have had one two or three holidays and sometimes none per year.Each holiday has been to a different place and at a different time.I can remember absences for the last six or seven years but beyond that no.
How do I account for the years for which I have no record or recollection.

[jjm07]

Did you not keep e-mails?

Otherwise if you have been exercising treaty rights for the last 5 years just fill in the application for the last 5 years.

[Noetic]

I'd just go back as far as you can, at least 6 years to ensure PR date is a year in the past in case you're going for citizenship.

PS I didn't have Email in the 80s...

[susan20]

I have been in uk over 17 years. How do they expect us to remember dates.I asumme their are a lot of people in similar situation. I went through my bank statements if u did shopping hopefully u get at lest the month. Hope this help

[toblerone]

I had a look on Colin Yeo's blog at freemovement.org.uk He is a leading immigration barrister and has produced a video showing how to complete the new online application form.
He says with that one that you need to list all UK absences and with the paper one 5 years.
I also read on another website that there was a very high rate of above 25% rejection for applications.
It might be better completing one of the older simpler forms which in August the government instructed the HO caseworkers to accept.
In addition to this forum,it is well worth reading his freemovement blog.
He also confirmed what I thought that the current paper form was very complex and easy to get wrong.

[toblerone]

Does attendance at that course have to be declared

[noajthan]

I have been exercising treaty rights since the eighties.Each year since arriving in the UK, I have had one two or three holidays and sometimes none per year.Each holiday has been to a different place and at a different time.I can remember absences for the last six or seven years but beyond that no.
How do I account for the years for which I have no record or recollection.

You may have been stamped into UK with ILR, suggest check old passport from 19-forgotten.
If so then no need for PR.