Please support us so we can help others

>> CLICK HERE TO START A NEW POST <<

(you need to log in to post)

Announcement

Collapse
No announcement yet.

Gaps in employment history-Permanent residency

Collapse
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • LAWYER RESPONSE Gaps in employment history-Permanent residency

    Hello,

    I am trying to apply for the permanent residency for the qualifying period of 2014-2019. The main issue that I have is that I had a gap of 5 months between my 2 jobs. I was made redundant in April 2017 (that was when they gave me the notice, technically I left in May) and then found my other job in October 2017. I wanted to check with you if this gap can create a problem in my application and if I had to have comprehensive insurance or private insurance back then which I didn't. I read that you don't need to have any insurance if you are between jobs (as you keep the title of worker for 6 months) but I would like to confirm that this is valid.
    Also if the gap between jobs is less than 6 months, is it true that this won't be a problem given the fact that you show that you have been looking for a job?The other issue is that I wasn't looking very actively for a job for the first two months (May, June) and I was back to my hometown for a month (June) but then I came back to London and I did a few applications ( but I wasn't registered for job seeker's allowance nor I was with any recruitment agency, I just have proof of e-mails sent to different offices) while investigating some opportunities for PhD's. I am writing a cover letter as well to explain why I don't have many applications during that period as I was working mainly on my PhD proposal, looking for scholarships and looking to apply in different universities. Could you advise me if this might cause an issue?At the end I had a job offer which I accepted in October 2017 and I started later on my PhD part-time.
    Also, from September 2015 until July 2016 I was working part-time with a £7,198 salary per year. Since the salary was quite low can this be a problem on how much I was contributing for tax or for health insurance? During that period I had also comprehensive sickness insurance from my country, in case it makes any difference.
    Finally, if you send bank statements as part of your documents do they need to be stamped from the bank or is it ok if you send your online statements? I am also a bit confused on whether you can scan your documents (I think it should be done through UKVCAS but i am not sure of the whole procedure and if you can book an appointment before submitting your application or if you need to do it after you submit it) or if you need to send the originals via post too.

    Sorry for my long post, hope it makes sense.
    Thank you very much

  • #2
    Morning,

    Before going further, may I ask why you are considering making an application for a PR document at this point?

    Do bear in mind these documents will cease being valid at the end of this year, and applications may take longer than that to be processed, so you would have wasted all this time and effort to obtain a document you will not be able to use for anything next year.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Hello,
      I would like to apply for the citizenship directly afterwards and I could do this only though the PR as I am already 6 years in the UK. Unfortunately although I have pre-settled status I didn't update it to settled last year so if I do it now, I will need to wait a full year to proceed with the citizenship and I am considering leaving the UK for a long period of time before the end of the one-year time. I am aware of the delays and I know that it might be a risk, but I thought of still applying just in case I manage to get it on time and apply for the citizenship afterwards.

      Comment


      • #4
        Originally posted by Moonscape View Post
        Hello,

        I am trying to apply for the permanent residency for the qualifying period of 2014-2019. The main issue that I have is that I had a gap of 5 months between my 2 jobs. I was made redundant in April 2017 (that was when they gave me the notice, technically I left in May) and then found my other job in October 2017. I wanted to check with you if this gap can create a problem in my application and if I had to have comprehensive insurance or private insurance back then which I didn't. I read that you don't need to have any insurance if you are between jobs (as you keep the title of worker for 6 months) but I would like to confirm that this is valid.
        Also if the gap between jobs is less than 6 months, is it true that this won't be a problem given the fact that you show that you have been looking for a job?The other issue is that I wasn't looking very actively for a job for the first two months (May, June) and I was back to my hometown for a month (June) but then I came back to London and I did a few applications ( but I wasn't registered for job seeker's allowance nor I was with any recruitment agency, I just have proof of e-mails sent to different offices) while investigating some opportunities for PhD's. I am writing a cover letter as well to explain why I don't have many applications during that period as I was working mainly on my PhD proposal, looking for scholarships and looking to apply in different universities.
        We have covered that here: Unemployment, job seeking and gaps

        ...were you'll see:
        Gaps of exercising treaty rights of up to six months, whether in or out of the country, are fine.

        If you have been job hunting during this time, this is also a way of exercising treaty rights.

        Once you have worked in the UK, you retain worker status for at least six months, it can be longer, depending on the circumstances.

        How to prove job seeking

        The Home Office guidance states the following:

        Please provide one of the following:
        • evidence of registration as a jobseeker with Jobcentre Plus, the Jobs and Benefits Office or Social Security Office (such as a letter from the relevant office and/or proof of receipt of relevant benefits)
        • proof of registration with a recruitment agency.
        • evidence of job-seeking (please provide at least 2 pieces of evidence which should cover the period you were looking for work), such as:
          • copies of recent job applications
          • rejection letters from employers
          • invitations to job interviews.

        As can be seen above, it's not that crucial to prove job seeking, since gaps under 6 months do not break the 5 year residence period.




        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5

          Originally posted by Moonscape View Post
          Could you advise me if this might cause an issue?At the end I had a job offer which I accepted in October 2017 and I started later on my PhD part-time.
          Also, from September 2015 until July 2016 I was working part-time with a £7,198 salary per year. Since the salary was quite low can this be a problem on how much I was contributing for tax or for health insurance? During that period I had also comprehensive sickness insurance from my country, in case it makes any difference.

          As a general rule, to be considered a "worker", your job has to be "genuine and effective". If your earnings were below the NI threshold for that period, it may not be considered as such. However, if you did have CSI and were studying, then you can rely on that period as a student, which may be a better option if earnings were too low to be a worker.

          Just to clarify, NI contributions go towards your state pension, not health insurance.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            Originally posted by Moonscape View Post
            Finally, if you send bank statements as part of your documents do they need to be stamped from the bank or is it ok if you send your online statements? I am also a bit confused on whether you can scan your documents (I think it should be done through UKVCAS but i am not sure of the whole procedure and if you can book an appointment before submitting your application or if you need to do it after you submit it) or if you need to send the originals via post too.

            Sorry for my long post, hope it makes sense.
            Thank you very much
            Tim M (lawyer) I've not dealt with PR applications since they started using UKVCAS, do they still require paper statements or online statements to be stamped like in the olden days? Or have they moved on with the times?

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              online statements are fine

              I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

              Comment


              • #8
                Morning,

                Thank you very much for the clarifications.

                Comment


                • #9
                  Moonscape

                  Morning,

                  You may be interested to see the timeline here: PR success!! - UKCEN Citizenship and Residence for European Nationals and their families

                  It took just about the time you've got left till the end of the year, although there may have been a delay due to the slow re-opening of UKVCAS centres in the summer. They are now back to normal. Also note that, although EEA nationals do not do biometrics, the appointment is still required to submit all documents and check passports.

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10
                    Hello,

                    Thanks a lot for that!
                    Just to clarify what you mentioned about NI contributions, paying now voluntary contributions for a period of time that I had low earnings as part-time worker, could this make my 'work' considered more 'genuine and effective'? Or it has nothing to do with that, it is just about the pension?
                    I had CSI but I was no more a student, so I am not sure if this helps at all.

                    Thanks again!

                    Comment


                    • #11
                      Originally posted by Moonscape View Post
                      Hello,

                      Thanks a lot for that!
                      Just to clarify what you mentioned about NI contributions, paying now voluntary contributions for a period of time that I had low earnings as part-time worker, could this make my 'work' considered more 'genuine and effective'? Or it has nothing to do with that, it is just about the pension?
                      I had CSI but I was no more a student, so I am not sure if this helps at all.

                      Thanks again!
                      Morning,

                      The short answer is: NO.

                      The long answer is, it's not about NICs itself, the NIC threshold is often used to assess whether employment was genuine and effective, but it's not the NICs themselves that make it so. Voluntary contributions are paid in order to get a full state pension when you retire, and this should only be done after getting a pension forecast and making sure it really is necessary, otherwise this would be money flushed down the drains, since excess NICs will not result in an increased pension. Voluntary contributions paid to fill gaps do not make any difference to whether employment in the past was genuine and effective.

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        Morning,

                        Thanks, it totally makes sense now. And one last thing, having CSI from another country while you have been working part-time does it makes any difference or no?Is CSI only valid if you are a student?

                        Many thanks!

                        Comment


                        • #13
                          Originally posted by Moonscape View Post
                          Morning,

                          Thanks, it totally makes sense now. And one last thing, having CSI from another country while you have been working part-time does it makes any difference or no?Is CSI only valid if you are a student?

                          Many thanks!
                          CSI is a requirement under EU rules to count periods of residence as a student or a self-sufficient person, as lawful residence. If someone was working part-time while studying and earning too little for the work to be regarded as genuine and effective, then they can count that period as lawful residence as students if they had CSI. Similarly, if working part-time and not studying, but relying on their own funds, passive income such as rent, or support from a spouse who is not an EEA national, then they can use the period as self-sufficient if they have CSI, however, this is only possible if they didn't rely on benefits to supplement their income, otherwise they wouldn't be self-sufficient.

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                          Comment


                          • #14
                            Thanks again a lot for all your answers!

                            Comment


                            • #15

                              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                              Comment

                              Working...
                              X