Employment gaps- no proof of job seeking?

[purplerain82]

Hi! I am a Polish national and I first visited the UK in 2005 (holiday job) for a month or two and moved here permanently on the 1st or 2nd of August 2006 (cannot remember exactly). I have been a student for 2 years (Master's degree) but also worked the entire time full-time so was covered for health insurance. I have then quit my job on 30.06.2008 (working as a restaurant supervisor) as I was moving from Cardiff to Swansea to move in with my then boyfriend. I did not know I have to register with the Jobcentre plus as unemployed as I was quite confident I can find another job swiftly. I took my CV to a couple of restaurants/pubs and started a new job 24.07 (23 days later).As it was a pub work and so long ago I am not sure I can find any evidence of looking for work (!). I then worked until 18.07.2013 when I decided to leave my job as a project manager as it required long hours and I had a one year old baby and decided to help my husband running his own company. The first payslip I have received from him is for period starting 25.07.2013, leaving 7 days gap between the jobs. I was obviously self sufficient during both times but did not have any extra health insurance sorted. Also, I am worried I will struggle to prove I have been a jobseeker? I have been working ever since and I am still employed. I have also been registered self employed from September 2008 till February 2011. I am not even sure what counts as a QUALIFYING PERIOD, my first 5 years or last 5 years or maybe somewhere in between? (Cause I am again 4 days short between 24.07.08 and 18.07 2013!!)

To sum up 02.08.06 Arrival and looking for work
03.08.06-30.06.08 working
01.07.08- 23.07.08 unemployed for 23 days while I moved from Cardiff to Swansea
24.07.08- 17.07.2013 working
18.07.2013-24.07.2013 7 days in between 2 jobs due to job not being compatible with home life as a mum
25.07.2013 till present- working

I have been working legally my first year in the UK and have got all WRS certificates and a card that I got after a year.

I have also been married to British (Welsh) citizen since April 2010. Should I apply as a family member of a EEA national as opposed to a qualified person? This would get rid of problems with the short gaps?

Please all help will be appreciated. Thank you

[1kiril]

I wouldn't worry about those short gaps. They are way too short.

[noajthan]

You have to apply in own right, a British person cannot sponsor you.

[purplerain82]

Oh that is interesting noajthan, I did not realise that.

Anyway, I am soldiering on through the form and have got some questions please.

1)Do you think I need to list all vocational training for the last 10 years, i.e. all NVQs, even though I have been in full time employment when studying for them? I have got quite a few of them from different jobs.

2)We claim Child Benefit (the only benefit we claim) but it is ONLY in my husband's name, going into our joint account. So do I have to list it?

3)Do I need to send them ALL PAYSLIPS or bank account confirmation of receipt of wages for the last 10 years or will P60s be enough. They say I need letters from employers as well for my QUALIFYING period but I am not sure which period is the qualifying period? How much evidence do I need? Do not really want to go back to jobs I left 10 years ago and ask them for any letters...

4)I didn't have any health insurance as a student (2006-2008) because I was also in employment. However there is no such option on the form.

4)Do you need to provide reason for leaving a job and why do they need it? Can I just leave most blank?

5)Do you think they will need detailed documentation for my self employment (e.g. proof of earnings, evidence that the business was trading)if I was also a full time worker at the time and paid all contributions? I have got a proof of paying NI and income tax, was not VAT registered.

Thank you... it is not the easiest form!

[noajthan]

Suggest read this HO guidance on qualified persons and then decide which type of qualified person you were at which period:
https://www.gov.uk/government/uploads/s ... _clean.pdf

If you had no CSI or foreign EHIC or RC issued in/before 2011 when you were studying then you can't count time as a student qualified person.

If you were a worker or selfemployed HO wil apply its MET/PET to see if it thinks you were a worker:
https://www.freemovement.org.uk/using-m ... ne-worker/
(All EU law specifies is that work has to be genuine and effective).

[noajthan]

Oh that is interesting noajthan, I did not realise that.

Anyway, I am soldiering on through the form and have got some questions please.

1)Do you think I need to list all vocational training for the last 10 years, i.e. all NVQs, even though I have been in full time employment when studying for them? I have got quite a few of them from different jobs.

2)We claim Child Benefit (the only benefit we claim) but it is ONLY in my husband's name, going into our joint account. So do I have to list it?

3)Do I need to send them ALL PAYSLIPS or bank account confirmation of receipt of wages for the last 10 years or will P60s be enough. They say I need letters from employers as well for my QUALIFYING period but I am not sure which period is the qualifying period? How much evidence do I need? Do not really want to go back to jobs I left 10 years ago and ask them for any letters...

4)I didn't have any health insurance as a student (2006-2008) because I was also in employment. However there is no such option on the form.

4)Do you need to provide reason for leaving a job and why do they need it? Can I just leave most blank?

5)Do you think they will need detailed documentation for my self employment (e.g. proof of earnings, evidence that the business was trading)if I was also a full time worker at the time and paid all contributions? I have got a proof of paying NI and income tax, was not VAT registered.

Thank you... it is not the easiest form!

1) I think that's if you stopped work to go on training courses. If so there's a way to retain worker status when training. Is that what happened to you?

2) This is an example of where the UK form asks questions over and above what is required by EU law.

It is not a legal requirement to use the latest 'monster' PR form. You could use an earlier (simpler) version if you wish.

3) Sample payslips per year would be good. To support everything else.

Your documentary supporting evidence needs to be rock-solid. Don't leave HO any room for doubt.

You need to look at your timeline and associated evidence to get an idea which is your most likely qualifying period and the categories of qualified person you fall into.
Suggest point it all out in a brief cover letter too.
(Don't expect a caseworker to do all the running around and join up the dots for you).

4) List your carefree student years in relevant section.
Answer the question about having or not having CSI.

Another #4) See #2

5) Yes!! See comments in #3
Don't give HO the Spam of 'wriggle room' and the satisfaction of a refusal.

[purplerain82]

I am really stressed about the 2 short gaps in the worker status (20-odd days and 7 days) over the last 10 years period as explained above. As one was in 2008 and the other in 2013 I am also a couple of days short of 5 years im between! Gutted.
How should I class them on the form? Jobseeker? But what if I cannot provide any proof?

[noajthan]

I am really stressed about the 2 short gaps in the worker status (20-odd days and 7 days) over the last 10 years period as explained above. As one was in 2008 and the other in 2013 I am also a couple of days short of 5 years im between! Gutted.
How should I class them on the form? Jobseeker? But what if I cannot provide any proof?

Anecdotally, such short gaps may be overlooked. However there is no guidance on this (and ofcourse no guarantee).

Just assemble rock-solid documentary supporting evidence for all the rest of the time.

[purplerain82]

Sorry me again.

Is registration with Jobcentre plus required to claim jobseeker status?

I had a 7 days gap in between jobs and not sure how to class it. As I had the new job lined up it never occurred to me to register with the Jobcentre or get any health insurance. I didnt even know about this requirement.

I am a wife of British citizen but applying as a qualified person.

Please advice on what evidence I can provide..thanks !

[noajthan]

Posts merged. No need for separate topic on each related question.

[noajthan]

Sorry me again.

Is registration with Jobcentre plus required to claim jobseeker status?

I had a 7 days gap in between jobs and not sure how to class it. As I had the new job lined up it never occurred to me to register with the Jobcentre or get any health insurance. I didnt even know about this requirement.

I am a wife of British citizen but applying as a qualified person.

Please advice on what evidence I can provide..thanks !

See page 9 of HO guidance on qualified persons which caseworker will use to weigh up and assess your case (which is why I linked it for you, above).

[purplerain82]

How does my maternity leave (receiving maternity pay from company I am employed by) affect the worker status please? Obviously taking into account the statutory maternity pay and how low it is?

Thanks

[purplerain82]

Can anyone help please?

Is 12 months maternity leave a problem please (8 months paid SMP and 3 unpaid)? I have had 2 babies in the last 4 years. Came back to work after both leaves. Thanks

[noajthan]

Can anyone help please?

Is 12 months maternity leave a problem please (8 months paid SMP and 3 unpaid)? I have had 2 babies in the last 4 years. Came back to work after both leaves. Thanks

You should have been able to retain worker status, see:
See https://www.freemovement.org.uk/eu-citi ... d-reasons/