EEA PR Worker / Student CSI nonsense?

[memuk]

Currently doing the online EEA PR form for me (non EEA) and my partner (Polish).

Partner arrived in UK March 2006
Partner in full time work June 2006 to present (Doctor)
Partner also was a student, doing a PhD 2009 to 2014 (But always full time worker)

I arrived March 2010
Worked Feb 2011 to present

The online EEA PR form requires inputing the student period as well as employment info. Then it asks about CSI. We did not have it, assuming the full time work qualifies as "worker" status. My work was a mixture of full and part time.

I called home office today; talked with 2 different people both telling me the student period requires CSI without exception. I asked them to show me where that's the law, they put me on hold and then disconnected. I called back and spoke with another person and they said they can't give legal advice but that I should fill out the form, and not omit anything.

How is our 5 year period calculated? Does the "student" time over-ride the "worker" time? Should we do the paper form and omit anything about the student period? Or continue the online form with the hope they will see the working time correctly?

Cheers,
M

[MrSlyFox]

I asked them to show me where that's the law,

The Immigration (European Economic Area) regulations 2016

(d)“student” means a person who—

(i)is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is—

(aa)financed from public funds; or

(bb)otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;

(ii)has comprehensive sickness insurance cover in the United Kingdom; and

(iii)has assured the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that the person has sufficient resources not to become a burden on the social assistance system of the United Kingdom during the person’s intended period of residence.

- http://www.legislation.gov.uk/uksi/2016 ... ion/4/made

The EEA National can qualify as a worker while studying (disregarding the need for CSI), The employment must be genuine and effective and not marginal or supplementary the Home Office applies the PET test, Which is usually met if you are paying class 1 National insurance contributions.

See Pages 11 - 13 European Economic area quaified persons - https://www.gov.uk/government/uploads/s ... 4_0EXT.pdf

[memuk]

Thank you MrSlyFox,

I'm going to continue with the online form. There's an area for notes after entering the main details. I'll write a note about always being here as a qualified person as a worker, using the language in the link you provided. I'll include the same info again as a covering letter with our supporting documents in the post.

Once we submit I'll put my info on the timeline thread. And I'll update if I get any reply.

I guess my main fear is that the home office automatically rejects any application with "student / no CSI" and then forces us to appeal on the grounds of worker.