EEA PR application advice

[gongok]

Hello

I am an EU citizen. I would like to apply for residency, as a preliminary to obtaining British citizenship. The EEA PR guidance notes (section "Completing application Form") states that in this case I need to provide evidence for a coninuous 6 years period.
Q1: Which dates should I state for my qualifying (5 or 6 years) period and so should I send evidence for the 5 years relevant to residency only or the 6 past years?

2-Part of my application relates to a period during which I was looking for work. However I did not register with any agency nor job seeker benefit. The section 9 of the guide does not give as much information concerning the requirements for this category.
Q2: How long can the period of unemployment cover, and when does it start (first evidence of job application) and end (job offer)?

3-I need to provide 2 pieces of evidence covering this period (invitation to job interviews, rejection letters from employer). I have an email with an attachment letter inviting me to an interview. The second evidence is only in the form of emails either confirming reception of the application, invitation for an interview or offering me a job.
Q3: Can I use these printed emails as evidence? If not, how can I prove my job seeker status?

4-I also need to provide evidence of residence for this one year period (bank statement, NHS letter, bills). I can only retrieve bank statements. However these were issued monthly or quaterly. I would therefore need to provide several statements in order to cover the whole period. But Section 5 states only ONE per qualifying period.
Q4: Should I only provide one statement showing only the date of one month (in the middle of the year) or am I allowed to provide several statements, one at the start, middle and end of the period of unemployment?

5-The remaining years of my application refers to the status of employment. Annex H states that if P60s are provided for each qualifying year, no further evidence is necessary for activity nor residence. But P60s cover the period of 12 months from April to April. My employment period started in December.
Q5: Should I still provide a second evidence for that period Dec-Apr, therefore providing TWO pieces of evidence?

6- I have previously lived in the UK prior to the qualifying period, but I assume the date of entry asked in section 5 is the one for the period concerning the application. I do not remember exactly that date as I have no trace on my passport and no longer possess my travel documents. I do not wish to make a mistake and write down the wrong date. I assume HO will cross check my application with immigration as they must have a record of when I arrived precisely in the UK (and other travels dates which I will need for the passport application)
Q6: How can I access this record myself to ensure the accuracy of my application?

Q7: Can I use the online application for residency or do I have to use the paper version in my situation? How long does the process usually take before I should expect a reply and be able to send my application for citizenship?

Thank you

[NikiGio]

Start by summarising your personal situation:

- When you arrived in UK
- Have you had absences of six months of longer since you arrived
- Approx dates of when you were working
- Approx dates of when you were not working
- What type of work - employed/self-employed
- Do you have P60s or pay slips.

[gongok]

This is the summary of my situation. I am EU national and would like to use the online application for residence. During and since my qualifying period, I have no absences over 6 months.

-Arrival in the UK- (Jan 2013)
My qualifying period starts in January 2013 (until January 2018). I do not remember exactly the date I arrived in the UK around the start of January (around 3-9th Jan 2013). How can I check my immigration record in order to have an accurate date matching those HO will check to avoid being rejected for false information?

-Unemployment- (Jan-Nov 2013)
My first year of the 5 qualifying years, I am applying as a job seeker. I have bank statements as evidence for Residence but these are issued either quaterly or monthly, so they do not cover the whole period, but the guides states that I should only provide one piece of evidence, so how can I do this with just one bank statemet?

I can provide the following evidences of Activity as a job seeker: 1- an email attachment letter in Jan '13 inviting me to an interview. 2- an email dated June '13 inviting me to another interview or another email Sept '13 offering the job. How can I use these emails as evidence documents when submitting my online application (copy them into a pdf file)? Should I submit all or just one?

-Employment- (from Dec 2013, only partly with P60)
I started work in December 2013 until March 2016. I no longer have P60s for that period. I can provide Residence evidence for each year (council tax). For evidence of Activity, I have a letter stating the original employment dates (Dec 2013 until Dec 2015) and a P45 for January to March 2016. Can I use this one letter as evidence covering the two years period or do I need to provide one evidence per year?

From April 2016 until 2018 I have P60s from my new employer. For the 12 months qualifying period of 2016, do I have to provide two evidences (P45 until March, and then P60) or is only the P60 sufficient as HO asks for only one piece of evidence per year?

Also my salary with each employment, has changed (slight increase) over the years. The online form only offers me one possibility per job. Which figure should I enter?

Finally, I wonder what happens once we submit the online application and send the evidence documents. How long does it take for a reply, and how should I expect a reply (by email or post)? This is because I will be away in July/August and want to know whether I should redirect my post or can be notified by email.

Thank you

[NikiGio]

-Arrival in the UK- (Jan 2013)
My qualifying period starts in January 2013 (until January 2018). I do not remember exactly the date I arrived in the UK around the start of January (around 3-9th Jan 2013). How can I check my immigration record in order to have an accurate date matching those HO will check to avoid being rejected for false information?

There's no effective way to check your immigration record as an EU citizen. You won't be rejected for providing false information - I would just pick one of the dates like the 9th Jan 2013 and insert that in the online application, and then attach a covering letter where you explain that you don't have records as to your exact date of arrival, but that you remember it was around the 3-9 January 2013.

-Unemployment- (Jan-Nov 2013)
My first year of the 5 qualifying years, I am applying as a job seeker. I have bank statements as evidence for Residence but these are issued either quaterly or monthly, so they do not cover the whole period, but the guides states that I should only provide one piece of evidence, so how can I do this with just one bank statemet?

The HO normally allows gaps of six months per year without needing to provide any evidence of activity. So one year of unemployment is too long, and it may well be that the HO will not consider all of this period or part of this period as valid as you weren't exercising treaty rights.
So you might consider applying with a qualifying period (QP) starting in December 2013, ie. when you started working.
You can also try to apply with a qualifying period starting on January 2013 and provide the evidence you have of job seeking, but they may not accept it and decide that your QP started in December of that year.
Given there is no section in the online application where to insert your QP, it's crucial that you include a covering letter where you specify very clearly which qualifying period you're applying for. This is what I did - if you do a search of my past posts, you will find a template of my covering letter in this forum.
If the HO decides that your qualifying period starts in Dec 2013, you will need to wait until 6 years have passed before you can apply for citizenship - ie. you will need to apply for citizenship after Dec 2019.

I can provide the following evidences of Activity as a job seeker: 1- an email attachment letter in Jan '13 inviting me to an interview. 2- an email dated June '13 inviting me to another interview or another email Sept '13 offering the job. How can I use these emails as evidence documents when submitting my online application (copy them into a pdf file)? Should I submit all or just one?

If you decide to go for a QP starting in Jan 2013, include all these e-mails as evidence of job-seeking. You need to print them - even though you complete the application online, to submit it you need to print it - you can't submit online.

-Employment- (from Dec 2013, only partly with P60)
I started work in December 2013 until March 2016. I no longer have P60s for that period. I can provide Residence evidence for each year (council tax). For evidence of Activity, I have a letter stating the original employment dates (Dec 2013 until Dec 2015) and a P45 for January to March 2016. Can I use this one letter as evidence covering the two years period or do I need to provide one evidence per year?

Yes, the letter should be fine. Even better if you can also include pay slips or bank statements showing the money coming in to your account - six pay slips or six bank statements per year. If the bank statements are originals sent to you by post by the bank, that's fine. If the statements are online statements, you need to have each one stamped by your bank.

From April 2016 until 2018 I have P60s from my new employer. For the 12 months qualifying period of 2016, do I have to provide two evidences (P45 until March, and then P60) or is only the P60 sufficient as HO asks for only one piece of evidence per year?

I would provide both - P45 and P60.

Also my salary with each employment, has changed (slight increase) over the years. The online form only offers me one possibility per job. Which figure should I enter?

This isn't very important - just choose one figure.

Finally, I wonder what happens once we submit the online application and send the evidence documents. How long does it take for a reply, and how should I expect a reply (by email or post)? This is because I will be away in July/August and want to know whether I should redirect my post or can be notified by email.

How long it takes depends on a lot of factors - my application as a job seeker took 3 weeks, but the HO can have up to six months to process your application. You will be notified by post and your documents will be sent back by post.

Also, remember that if Brexit goes ahead and you don't apply for citizenship in the next couple of years, you will need to apply for Settled Status too in the next couple of years (for free). Once you have PR, the application for Settled Status should be very straightforward. Make sure you check the HO website for when the deadline is - if I remember right, people with PR need to apply by December 2020 (if Brexit goes ahead).

[gongok]

Thank you for your reply and the explanations.

I do not understand why you are saying that I cannot apply as a job seeker. According to the guidance, a qualifying person can be eligible as a job seeker as well as employed or student or self sufficient (there is no specification on the time). Is this because i can not be a job seeker for a period longer than 6 months?
In that case, should I start my qualifying period 6 months prior to starting work (in Dec 13), so June 2013 (until June 2018)? But then, should I still write the date of arrival in the UK as January 2013 since I did not leave and return to the UK between Jan-June, or should the arrival date be the start of the qualifying period?
Also, two pieces of evidence are required as job seeker. Do these need to be from a different job application? I have an invitation for an interview in June and then an offer for the job in September. They are both related to the same job (which I then started in Dec), would these be considered as TWO evidence as requested?

You also mention providing 6 pay slips as proof of activity, and 6 bank statements as evidence of residence. But the guide states to only provide TWO pay slips and ONE evidence of residence, yet they also want these evidence to cover the whole 12 months period which I found contradicting as most of these evidence only refer to one month.

Concerning the reception of the answers and documents by post after sending the application. Are these sent back by registered mail, and will I need to be expected to send a response; if so, what are the delays? This is because as I will be away, I will ask someone to check on my post but they may not be able to do it regularly.

Finally, would you recommend I send a paper application instead of the online version?

Many thanks for your kind advice.

[gongok]

PS: am I allowed to travel abroad after sending my application while awaiting a response?

[NikiGio]

I do not understand why you are saying that I cannot apply as a job seeker. According to the guidance, a qualifying person can be eligible as a job seeker as well as employed or student or self sufficient (there is no specification on the time). Is this because i can not be a job seeker for a period longer than 6 months?
In that case, should I start my qualifying period 6 months prior to starting work (in Dec 13), so June 2013 (until June 2018)? But then, should I still write the date of arrival in the UK as January 2013 since I did not leave and return to the UK between Jan-June, or should the arrival date be the start of the qualifying period?

You *can* try to apply as a job seeker for the initial 11 months, but periods of unemployment of longer than 6 months require very strong evidence, so may not be accepted. If you *had* been receiving job-seeker's allowance for example, this would be strong evidence. I would send them as much evidence you have of job-seeking (all e-mails/responses/etc.) and explain in the covering letter that you found a job at the end of the job-seeking period. If they don't accept your job-seeking period from January 2013, then they will probably decide that your qualifying period started in December 2013 or in July 2013 (6 months after arriving).

Also, two pieces of evidence are required as job seeker. Do these need to be from a different job application? I have an invitation for an interview in June and then an offer for the job in September. They are both related to the same job (which I then started in Dec), would these be considered as TWO evidence as requested?

I don't know the answer to that question - if I were you, I would just provide all the evidence I have relative to your search for work - eg. all your e-mail applications, rejection letters, invitations to interview, etc.

But then, should I still write the date of arrival in the UK as January 2013 since I did not leave and return to the UK between Jan-June, or should the arrival date be the start of the qualifying period?

In the section where it asks what your date of arrival is - you either put in the date you first entered the UK for the first time, or the date when you arrived in the UK more recently.
In my case for example - I first lived in the UK in 1992-1999 and then returned for good in 2010. In my online application, I put the 2010 date as the date of arrival - and then explained in the covering letter that I had lived here previously in 1992-1999 but that this was irrelevant to the PR application as outside the QP.
In your case, I would put January 2013 in the application and then explain in the covering letter.

You also mention providing 6 pay slips as proof of activity, and 6 bank statements as evidence of residence. But the guide states to only provide TWO pay slips and ONE evidence of residence, yet they also want these evidence to cover the whole 12 months period which I found contradicting as most of these evidence only refer to one month.

Yes, even though the guidance says that - as proof of employment, I would provide 6 pay slips OR 6 bank statements for those years where you are not sending P60s. The 6 documents should be spread out to cover the whole year - eg. January, April, June, etc. For the years where you are sending P60s - you don't need to send anything else - as P60s are proof of both employment and residence.
If you want more information on this - you can join the UKCEN Facebook page. They've put together a FAQ file which gives detailed answers to questions like these, and they have pro-bono lawyers who can help via their Facebook page if you have further detailed queries.

Concerning the reception of the answers and documents by post after sending the application. Are these sent back by registered mail, and will I need to be expected to send a response; if so, what are the delays? This is because as I will be away, I will ask someone to check on my post but they may not be able to do it regularly.

Yes, registered mail. No, you don't need to respond as they don't normally ask queries.

Finally, would you recommend I send a paper application instead of the online version?

Doesn't really matter - I did it online as it was easier than filling in the paper version by hand.

PS: am I allowed to travel abroad after sending my application while awaiting a response?

Yes.
The only problem with this could be if you have only one travel document - like a passport and no national ID. When I applied last year, you needed to send in your travel document with the application or use the Passport Return Service, which meant that you paid about £20 extra to have your passport checked at a centre and you didn't need to send it in.
I think I read that things have changed now though, so check - apparently now there is no need to send the passport with the application if you are using the online version of the application: the passport has to be scanned and uploaded via the UKVCAS interface and checked at the appointment. UKCEN can give you more info on this.

[gongok]

Thank you again for your very comprehensive reply.

I decided to apply from June 2013 so that I have an initial period under 6 months of unemployment followed by 4.5 years of employment. Do I need to explain why my date of arrival (January 2013) is not the same as the start of the qualifying period? Will they ask me to provide evidence for that period too or not (Jan-June)?

I am also unclear to understand what they are asking in the following sections:
- Public funds: I am obtaining council tax reduction for single person, should I mention it or claim that I do not get any credit or benefit if this is not relevant?
- Criminal conviction: I recieved a liability order for late payment of council tax, and failed to appear in court, but have paid my due bill soon after. Should I need to mention this? If yes, in which section, as a civil court judgement or other penalty such as payment of debt?

Many thanks

[gongok]

One last thing.

I am confused as to which case I need to provide evidence of residence (in addition to evidence for activity) such as utility bills etc.
1- during the period of job seeker : yes
2- during employment when providing P60: no
3- during employment when not providing P60: ???

Would you please also confirm that the evidence we send (bank statements, letters of employment, P60) will be returned to us, or should I send photocopies instead?

NB: the Facebook UKCEN page you suggested is no longer valid (I will try registering on their website)

Thank you!