PR application - self-sufficiency claim

[lrtrscn]

Hi,

I am about to apply for my permanent residence certificate as a EU national after five years of residence/work in the UK. However in June 2016 I was made redundant and was unemployed for about two months before finding another job in August 2016. My question is, do I need to explain that I was unemployed during those two months? If so should I qualify as a job-seeker?
I did not register with a job centre because I already had job interviews lined up at the time of the redundancy. I was registered at recruitment agencies and can provide proof of job interview invitation and rejection letters.

Many thanks if you can provide this information.

With best wishes

[tmonaghan]

CSI Requirement during times you do not work especially if you are not a registered Jobseeker...

[dapto10]

CSI Requirement during times you do not work especially if you are not a registered Jobseeker...

A settled EU national actively seeking employment and being able to prove that should be okay for periods between jobs up to three months. I haven't heard of people being rejected for that.

I would enclose documentation related to the redundancy and roof you have attended job interviews and / or applied for jobs online.

You should be okay. Good luck!

[lrtrscn]

Thank you for your reply. However from your response it was not clear to me whether I should have had CSI during the two months' gap in employment?

From my understanding of you are made unemployed from reasons out of your control you retain worker's rights for a certain period (and you are actively looking for work) if you have previously worked for at least one full year. In that case I believe CSI is not required.

Many thanks if you can clarify this too.

All best!

Ilaria

[dapto10]

Hi Ilaria,

I'm not an immigratio lawyer or expert but in my view the UK regulations - interpretations of EU law rather - are... vague. The whole CSI thing is basically... not very legal but the EC has more important thing to deal with, especially knowing we're leaving anyway.

I don't think they will ask you to submit proof of CSI for a two-month period during which you have been actively looking for work, and particularly in your situation where you have been made redundant. There are some blurred lines there and I don't think they will go down that route as if you go to a tribunal and appeal, then thing will most probably go in your favour and this will create a precedent which the HO won't particularly like.

I wouldn't think too much about it. You can't change the past, and this two-month period is in the past indeed. You seem to be a genuine EU worker residing in another member state. People lose their jobs, they actively seek for a new job, and this is how it goes. Up to three months could be considered an acceptable period between jobs. In your case it's only two. I wouldn't stress to much about it.

[dragonfly75]

I don't think you need to worry about CSI for those 2 months. My husband was also made redundant twice and out of work for 2 months and then 4 months. We submitted copies of emails showing jobseeking and offer of new job. He was also not registered as a job seeker either time. He was successful in obtaining his PR

[lrtrscn]

Many thanks for sharing your experience. This is reassuring. Hopefully everything will be fine.
All best!

[lrtrscn]

Hello,

I am an Italian citizen and in the process of applying for my permanent residency. I have been in UK just over 5 years now. However between August 2012 and April 2013 I didn't have a permanent work contract. I worked first as an unpaid intern until November 2012, then as a temp at a book shop for 6 weeks and then was unemployed for 3 months between January and April 2013.

I plan to qualify as a self-sufficient person during the months preceding April 2013. I had money in my bank account and an European Health insurance card. I will provide different types of documents: rent contract, bank statements, doctor's appointments, letters from the offices where I interned.

I was wondering whether you think it will still be rather difficult to prove I was excercising treaty rights during those first months and if my application has high chances of being rejected.

Also should my application be rejected I would probably apply again in April 2018, when I will have 5 years of almost uninterrupted work history on record. Would a previously rejected application affect negatively my new application in April 2018?

Many thanks for your advice!

lrtrscn

[lrtrscn]

Anyone has any advice on the below?

Many thanks for any help.

All best

[tmonaghan]

Well it seems to me that you have it all covered by having money in your bank account and an European Health insurance card. And you can also provide different types of documents: rent contract, bank statements, doctor's appointments, letters from the offices where you interned.

As far as I am aware you have enough evidence that you have been exercising your Treaty Rights. I would include a statement to explain your situation to the HO Caseworker to avoid any misunderstandings. Or you can wait another year and apply from April 2018.

Each application would be judged on their merits therefore if the first application did not go through you'll be able to apply later whilst taking into account the feedback from the HO Caseworker to make sure that your next application is compliant.

In addition, you have to understand that applying for PR now will not be enough because the HO will expect you to reapply for a settled status after Brexit. Therefore paying the fees twice.