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SAWS and Permanent Residency For A2 National

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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Shef
Newly Registered
Posts: 18
Joined: Wed Jan 20, 2010 1:45 pm
Location: London, UK

SAWS and Permanent Residency For A2 National

Post by Shef » Wed Feb 22, 2012 9:36 pm

Hi Gurus, Junior Members and Newbies!

Just seeking a clarification about my wife's PR status...story in a nutshell...

She came to the UK May 2007 on the SAWS programme, they are allowed to work for 6 months maximum, bust since she applied in the middle of the year, she was only given a 3 months permit...left the UK on August 2007 after the permit expired.

Re-applied and came back to the UK February 2008...approximately 6 months absence...left the UK August 2008 after the permit expired.

Came back in December 2008...approximately 4 months absence...started self employment in January 2009 and been self employed to date!

She was taking a Degree course in Horticulture during the 6 months and 4 month absence from the Uk and she only graduated in 2010. It was a part-time degree course in her country Bulgaria.

So the main points...

1. Came to the UK 16 May 2007
2. Away from the UK 20 August 2007 to 15 February 2008 - approx. 6 months
3. Back to the UK 15 February 2008
4. Away from the UK 16 August 2008 to 30 Dec. 2008 - approx. 4 months
5. Self Employment commenced 4 Jan 2009 till date
6. 5 years in the UK by 16 May 2012

Documents

1. Payslips from SAWS employment till 16 August 2008
2. Proof of study while away from the UK
3. Self-employments invoices, NI contribution statements, clients references, self assessment statements.
4. Lots of other residence and self employment proofs.

The main question to the Gurus is:
1. Does her SAWS employment count as excersising treaty rights as a worker?
2. Will her temporary absence affect her right to reside status?
3. Will her study while away compensate for her absence?
4. Finally is she entitled to PR by May 2012.

Thanks for reading and looking forward to your input.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Feb 22, 2012 11:35 pm

I am sure she will be fine.
Smooth seas do not make skilful sailors

Shef
Newly Registered
Posts: 18
Joined: Wed Jan 20, 2010 1:45 pm
Location: London, UK

Post by Shef » Thu Feb 23, 2012 12:21 am

Thanks Obie...was a bit worried because there's no info about seasonal work and treaty rights online.

Thanks once more for the prompt response!

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