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EEA3 Permanent residence

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Woj81
Newbie
Posts: 35
Joined: Wed Jun 26, 2013 6:04 am

EEA3 Permanent residence

Post by Woj81 » Sat Jul 06, 2013 11:19 am

kjknjbn n n
Last edited by Woj81 on Tue Nov 19, 2013 12:20 pm, edited 2 times in total.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Jul 06, 2013 10:55 pm

You can't eat the cake and have it too. Either you were a worker (WRS needed) or self sufficient (CSI needed).

You didn't follow the rules for A8 national that were in force at the time. Your PR clock started in 2009.

Woj81
Newbie
Posts: 35
Joined: Wed Jun 26, 2013 6:04 am

Post by Woj81 » Sun Jul 07, 2013 1:07 am

njknjknkj
Last edited by Woj81 on Tue Nov 19, 2013 12:22 pm, edited 1 time in total.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Jul 07, 2013 9:26 am

Why are so interested in acquiring PR? As long as you are a worker, student or self-sufficient person, you are legally in the UK, so you should not be particularly inconvenienced.

The UK made registration under the WRS a requirement for the employment to be legal. It wasn't a particularly onerous requirement (cf A2 nationals).

Self-sufficicient require CSI. There are some ongoing challenges to this and opinions on it, but right now, UK's view is that it is a requirement.

An application for PR as you describe it, is likely to fail.

HONCHO
Newly Registered
Posts: 7
Joined: Wed May 15, 2013 5:48 pm

Post by HONCHO » Sun Jul 07, 2013 6:07 pm

to get access for social welfare ;)

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sun Jul 07, 2013 8:30 pm

HONCHO wrote:to get access for social welfare ;)
There may be many reasons why the OP would like to have PR, I just wanted to check in with them as to why. It may be unnecessary.

I would not presume to know the reason.

Woj81
Newbie
Posts: 35
Joined: Wed Jun 26, 2013 6:04 am

permanent residence EEA3

Post by Woj81 » Mon Jul 08, 2013 1:46 am

njknkjn
Last edited by Woj81 on Tue Nov 19, 2013 12:23 pm, edited 1 time in total.

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 10:40 am

Re: permanent residence EEA3

Post by boloney » Mon Jul 08, 2013 7:32 am

Why are you complaining about WRS? It must been weel know that A8 members have to register, it was to my employer, I was given forms to register during my first week of work by him and it was up to me to get it sorted.
I did so and many of my mates was asking me what is the point spending £50 on something not needed. But in the long run I found out it was needed and that I done good think doing it. Some people did't and now they like you,complaining. Just get on with your life and do it by the book next time and you will be fine.
Good luck, hope your wife gets better.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Jul 08, 2013 8:37 am

Woj81 wrote:It looks like you say in the same way as Home office does.This does not mean it is correct and according with the law.
I didn't say it's correct. You asked when you can achieve PR and as the HO is dealing with the confirmation of PR and not me, I thought you would be more interested in their view than mine. If you already knew their view then you could have saved me the trouble and not ask the question. You didn't indicated this is an academic discussion about the HO position on CSI.

If you want to fight the HO requirement of CSI, by all means - go for it. Many here will appreciate it. It will effectively remove the WRS requirement as everyone could claim they were self sufficient (even when working without authorisation). I believe that in practice, by the time you finish dealing with the HO, you will already achieve PR (September 2014).

By the way, if you want to refer to another source, it's better just to put a link to it instead of pasting the whole text. Makes your post more readable and also allows readers to examine the source itself.

Woj81
Newbie
Posts: 35
Joined: Wed Jun 26, 2013 6:04 am

permanent residence EEA3

Post by Woj81 » Mon Jul 08, 2013 11:59 am

Yes,You are right.I only wanted to exchange thoughts and I tired here because I had a hope that maybe someone here knows more than me and tells me about any loophole I can use it or maybe that someone won with HO in similar situation.Sorry to bother everyone.

Woj81
Newbie
Posts: 35
Joined: Wed Jun 26, 2013 6:04 am

permanent residence EEA3

Post by Woj81 » Tue Jul 09, 2013 1:08 am

jnjklkj
Last edited by Woj81 on Tue Nov 19, 2013 12:22 pm, edited 1 time in total.

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 10:40 am

Re: permanent residence EEA3

Post by boloney » Tue Jul 09, 2013 7:28 am

Well we can talk about it next few years and it still would't make any changes to your situation. I'm pretty sure it was highlighted on the form (if not on the form it was highlighted somwhere else) that you have spend 12 months with one employer under WRS if not you will have to register again for free. You can apply for PR you will only risk £55 so not much. HO is making mistakes so they may overlook WRS, but it is must have if you go by the book. Otherwise you will get PR in 2016. Its only 3 years left. As you said if someone was working 10 years without WRS HO will just ignore it, work was illegal in HO view, even if you paid tax, etc during that time.

yoshi_jp
Junior Member
Posts: 56
Joined: Mon Dec 13, 2010 10:06 pm
Location: United Kingdom
Japan

Post by yoshi_jp » Tue Jul 09, 2013 12:59 pm

Woj,

It's all a bit rich of you to vent your anger here. I've spent some time in Poland as a worker and the administrative absurdity was quite frankly beyond any belief. For a start, have you tried to get your PESEL number as a foreigner there? Or, your karta pobytu as a British national?

At least, in this country, you are entitled to live and work without any formal registration as of now. You don't have to tell the local government of your relocation, either. In most places in Europe you have to be registered regardless of your nationality and have to carry your ID with you at all times.

It is your responsibility to make sure that your status is within the boundary of legitimacy in your place of residence especially if you live abroad, and all of the relevant information was right on the UKBA/IND website, which my Polish wife read through and followed.

That is what every non-EEA resident in this country does, including throwing thousands of ponds of application fees at the UKBA.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Wed Jul 10, 2013 9:12 pm

Some interesting views here. I sympathise with the OP here and tend to agree that HO are looking for excuses to limit PR applications.

It is open to OP to apply and if unsuccessful, appeal.

Best of luck.

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