EEA(PR) Confused EU Citizen

[KTM99]

Hi guys,

I'd like to start by saying that my purpose is/was to apply for naturalization. At first glance everything seemed so straightforward, so very simple. Even the "new" barriers (language and life tests) didn't look that daunting. So, I went along and passed my English language test, passed my life in the UK test, completed the AN form, got documents in order and everything. Then just when I was about to book the Nationality Checking Service I notice on their website yet another "barrier", this one even newer. Now they require a Permanent Residency Card as well! So, like a crazy little ant, I start all over again with a new form, EEA(PR) and get stuck at yet another roadblock called Comprehensive Sickness Insurance. Well, that escalated quickly, from a straightforward application, now I'd probably need a team of lawyers if I want to keep my sanity. And I'm just one guy! Can't even begin to imagine what families go through.
Sorry for the brief rant, I just spent too many days and nights in front of this laptop, searching for answers, so as a last resort, here it goes.

Info:
Single person application - Romanian
Entered UK in 10/2009
Student 10/2009-09/2010
Worked for the same company since 2010:
01/2010-10/2010 - part-time while studying (Yellow Card - exchanged it for the Blue one)
10/2010-01/2014 - full-time after ending course (Blue Card is dated 05/2011-might be an issue with that)
01/2014-present - full-time after end of restrictions (no card needed)

This is the first time I hear about CSI, at no point while I've been in the UK (almost 7 years) has any government body said anything about it. They didn't request one, they didn't advise me to make one, they didn't MENTION one. They mentioned NHS, I went and got an NHS card.
From the look of things, I would have needed one to cover the period 10/2009-01/2010 while I was JUST a student. From 01/2010 onward I was an employee and didn't need it.
So, what do I do now? Is it an automatic rejection if I leave the CSI section blank and submit the completed form? Can I just ignore the student year and apply on the basis of worker, between 10/2010-present?

Thanks in advance

[vinny]

See also CSIC > transitional arrangements for students?

[salmintin]

The CSI requirement started being enforced after 20/06/2011. (And now I recall there were plenty of discussions / news about it ) However you graduated before that and you had a Yellow Registration Certificate anyway so I don't think you'll have issues.

If you want to stay on the safe side, you can send documentation for the period after you graduated (so basically for the years when you were a worker) and you'll be fine.

[noajthan]

Hi guys,

...

From the look of things, I would have needed one to cover the period 10/2009-01/2010 while I was JUST a student. From 01/2010 onward I was an employee and didn't need it.
So, what do I do now? Is it an automatic rejection if I leave the CSI section blank and submit the completed form? Can I just ignore the student year and apply on the basis of worker, between 10/2010-present?

Thanks in advance

Doctors' surgeries, universities and other places aren't staffed by immigration officials (although HO would appear to like them to be) and may or may not know about CSI.
Even if they did know, they (sadly) may not have been too concerned about your journey towards acquiring PR.

Anyway lack of CSI in one period does not lead to instant rejection if you have another qualifying period as qualifying person.
And, as mentioned, your blue/yellow cards probably allow you to invoke the transitional arrangement so you may have acquired PR earlier than you thought.

Include a cogent cover letter reminding caseworker of, and invoking, transitional arrangement if you wish to use student years as qualifying period..

[KTM99]

@salmintin, @noajthan - thanks for helping out!
@vinny - Thank you very much for that link. With all the digging I did for the last few days, I was still unaware of this document. This is what it states among others:

2. Transitional arrangements are being introduced, so that an application for permanent residence as a student will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision where:
- UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011.

I just found the letter from HO stating that it sent me a Yellow Card dated 30/10/2009. So, I will attach this to the application as proof that I was issued a registration certificate before 20/06/2011. And also mention it on a sheet of paper along with the name of the document and quote. I guess the CSI issue is covered then.

I have another issue, though, with this paragraph from my Yellow Card letter, stating:

You may work for MORE than 20hrs/week during the four months immediately following the completion of your course.

I finished my course on 17/09/2010 and started working full-time at the same company straight away. The issue I see is that my Blue Card, which lifted all restrictions on employment in the UK, was issued on 10/05/2011. So, for someone who looks at the data for the first time, it appears that from 01/2011 to 05/2011, for 4 months, I worked full-time in the UK UNLAWFULLY. Now, I am positive that I was working legally during that time, because the company I'm working for has very strict rules about that, and would have fired me right away otherwise. The thing is that I don't remember how. I might have been allowed to work while waiting for my Blue Card, which I remember took several month to arrive. If that's the case, or any other that you might be able to think of, I should clarify it somehow in the application or it could derail the whole thing. Is anyone aware of a document stating that you're allowed to work while working "visa" application is being processed? Something specific to the Blue Card, or Romanian/Bulgarian nationals, would be best.

Thanks in advance

[dianaiulia]

@salmintin, @noajthan - thanks for helping out!
@vinny - Thank you very much for that link. With all the digging I did for the last few days, I was still unaware of this document. This is what it states among others:

2. Transitional arrangements are being introduced, so that an application for permanent residence as a student will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision where:
- UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011.

I just found the letter from HO stating that it sent me a Yellow Card dated 30/10/2009. So, I will attach this to the application as proof that I was issued a registration certificate before 20/06/2011. And also mention it on a sheet of paper along with the name of the document and quote. I guess the CSI issue is covered then.

I have another issue, though, with this paragraph from my Yellow Card letter, stating:

You may work for MORE than 20hrs/week during the four months immediately following the completion of your course.

I finished my course on 17/09/2010 and started working full-time at the same company straight away. The issue I see is that my Blue Card, which lifted all restrictions on employment in the UK, was issued on 10/05/2011. So, for someone who looks at the data for the first time, it appears that from 01/2011 to 05/2011, for 4 months, I worked full-time in the UK UNLAWFULLY. Now, I am positive that I was working legally during that time, because the company I'm working for has very strict rules about that, and would have fired me right away otherwise. The thing is that I don't remember how. I might have been allowed to work while waiting for my Blue Card, which I remember took several month to arrive. If that's the case, or any other that you might be able to think of, I should clarify it somehow in the application or it could derail the whole thing. Is anyone aware of a document stating that you're allowed to work while working "visa" application is being processed? Something specific to the Blue Card, or Romanian/Bulgarian nationals, would be best.

Thanks in advance

@KTM99 I am not aware of such document and not sure if trying to clarify that in the application could derail the whole thing, as you say. Have you thought of maybe considering your qualifying period from when you received the Blue Card? You would still have the 5 year period covered. Good luck

[noajthan]

I have another issue, though, with this paragraph from my Yellow Card letter, stating:

You may work for MORE than 20hrs/week during the four months immediately following the completion of your course.

I finished my course on 17/09/2010 and started working full-time at the same company straight away. The issue I see is that my Blue Card, which lifted all restrictions on employment in the UK, was issued on 10/05/2011. So, for someone who looks at the data for the first time, it appears that from 01/2011 to 05/2011, for 4 months, I worked full-time in the UK UNLAWFULLY. Now, I am positive that I was working legally during that time, because the company I'm working for has very strict rules about that, and would have fired me right away otherwise. The thing is that I don't remember how. I might have been allowed to work while waiting for my Blue Card, which I remember took several month to arrive. If that's the case, or any other that you might be able to think of, I should clarify it somehow in the application or it could derail the whole thing. Is anyone aware of a document stating that you're allowed to work while working "visa" application is being processed? Something specific to the Blue Card, or Romanian/Bulgarian nationals, would be best.

Thanks in advance

Here you go...

The blue/yellow coloured cards were evidently to give Romanian nationals prior authorisation for work. Looks like they were needed upfront.

However, until that date those subject to work authorisation will still need to obtain appropriate documentation giving them permission to work in the UK before they commence employment. Failure to obtain an accession worker card by those Bulgarian or Romanian workers who require it could lead to fines for illegal working or further criminal sanctions.

See internal HO guidance on this vital matter:
https://www.gov.uk/government/uploads/s ... dacted.pdf

This may prove problematic. You can't simply suppress the fact that you were employed directly after student years and before you got your authoristion.