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dolorosa_12Previously in this series, choosing the right residency documentation, and ways to exercise treaty rights in the UK.
I'll reiterate my disclaimer from the last post: I am not an immigration lawyer, and I am not an immigration advisor. Do not take this post as the be all and end all on this particular subject. Your first port of call should always be the official guidance on the UKVI website.
In today's post, I'm going to focus on applying for a reigstration certificate, otherwise known as the EEA (Qualified Person) (or QP) form.
This form should be used by people from the EU, EEA or Switzerland who are in one of the two situations:
Intending to move to the UK to exercise treaty rights (see previous post for information on the various ways you can exercise treaty rights)
Already in the UK exercising treaty rights, but haven't done so for five or more consecutive years
A successful EEA (QP) grants the applicant a registration certificate, which is a formal recognition of their status as a 'qualified person', i.e. a person from the EU, EEA or Switzerland residing in the UK and exercising treaty rights.
Why would you want to apply for this document? I believe that with all the uncertainty regarding Brexit, particular in terms of the status of EU residents in the UK if/when Britain leaves the EU, getting a piece of documentation that officially recognises your status could be very important. The EEA (QP) certificate, like all the documents I'm discussing in this series, is a residence permit issued under EU law rather than British law, and it's unclear if and when EU immigration law will cease to be applicable in Britain. In general, EU-route immigration documents are less stringent than those issued under UK law (e.g. you must merely be working in 'genuine and effective' work, rather than earning above a certain threshold as is the case for UK work visas), and cheaper than their UK-route equivalents (we're talking £65 as opposed to more than £1000).
The other crucial factor is that UK-route visas and immigration law tends to change - and when it does change, it normally makes conditions more stringent and expensive. However, changes to UK immigration law don't tend to apply retrospectively - if you immigrated under certain conditions, generally you continue your immigration journey under those conditions, not any new conditions that may be in place once a law has changed. So if EU law stops being implement post-Brexit, if an EU/EEA/Swiss resident of the UK already has an EEA (QP) certificate, it will be more likely they'll be able to proceed according to EU law, applying for EEA (Permanent Resident) documentation once their five consecutive years exercising treaty rights have arrived, and thence to British citizenship if they so desire. Without the EEA (QP) certificate, they may be forced onto the stricter and more expensive UK-route visas.
The only situation in which I would suggest holding off applying for the EEA (QP) is if you've been exercising treaty rights in the UK for four, or possibly even three years. In this case (providing you're planning to continue to exercise treaty rights), it may be worth sitting it out until you reach the five-year mark and applying directly for permanent residency. However, given the uncertainty, I wouldn't blame you for going for the QP certificate just to get some sort of formal document in hand.
The form you will need, along with the Home Office guidance, can be found here. I recommend reading both carefully before making your application.
You can apply using the form, or in person for an expedited service (booking information for this in on the form), although be aware that if you have non-EU family members, they are not able to use the in-person service. The in-person service costs more than applying by post.
Once you've read the guidance notes, think about how you qualify - how are you exercising treaty rights, and how will you prove that?
If you are a worker, you will need to state whether your work is full-time, part-time, or fixed-term. Your employer will either need to fill in the employer declaration on the form, or write a letter (I would recommend using institutional/company letterhead) confirming that you work for them, your start date (and end date if fixed-term), and your salary. If you have a national insurance number, this will need to be entered onto the form. I would also recommend including either payslips, or an itemised bank statement showing payments coming in. If you hold multiple jobs, you can include them all on the form, but each one will need its own employer declaration/letter and payslips.
If you haven't moved to the UK yet, it's generally recommended that you wait several months until you have a few payslips before applying as a worker.
If you are self-employed, you will need to show evidence of economic activity. You will need to include a 'unique taxpayer reference number', and things like tax self-assessment codes, proof of payment of class 2 or 4 national insurance contributions, invoices for work done, business accounts, business bank statements, and so on.
If you are a student, you will need a letter from your education provider stating that you are a student there, duration of the course and degree that will be awarded. You will also need to show evidence of how you will fund your studies - letters showing you are funded by scholarships or bursaries, statements from your parents, spouse or partner that they are supporting you financially (possibly with one of their payslips included), evidence of part-time work or personal savings, and itemised bank statements showing money coming in.
If you are self-sufficient, you will need to show evidence of funds - itemised bank statements, evidence of a pension and so on.
A reminder: if you are exercising treaty rights as a student or a self-sufficient person, you must include evidence that you have comprehensive sickness insurance. This needs to be either private health insurance, or a non-UK EHIC. It doesn't matter that you are allowed to use the NHS - YOUR APPLICATION WILL BE INVALID WITHOUT PRIVATE HEALTH INSURANCE OR AN EHIC. If you are planning to move to the UK as a student or self-sufficient person, make sure you've bought private health insurance, or have an EHIC.
If you are a jobseeker, you will need to show evidence of proof that you are looking for work - a bank statement showing receipt of jobseeking benefits, letters/emails inviting you to interview, copies of job applications sent, rejection letters and so on. Although it is not stated anywhere in the guidance, applications with long stretches of time (more than three consecutive months) in the jobseeking category are often rejected for permanent residence, so if at all possible, I advise you to apply under the self-sufficient category.
People in all categories will also need the following documents:
2 recent passport photos conforming to British passport/identity document standards. There is guidance about this in the application form, and all passport photos taken in photo booths should be the correct type. If you get your photo taken professionally, make sure you ask for it to be taken according to British passport specifications - the photographer will know what is correct.
Proof of identity - either your EU/EEA/Swiss ID card, or your EU/EEA/Swiss passport. If you have both, I recommend using the ID card, as this means you can hold onto the passport and use it for travel within and outside the EU while your application is being processed.
If you have changed your name, you will need to show proof that it was changed legally. A marriage certificate, deed poll or equivalent will be necessary.
Please note: all documents must be in English or Welsh. If they are not in English or Welsh, you will need to pay to have them translated, and the translator will have to write a letter stating it is a true and accurate translation. You should then include both the originals and the translations.
Fill in the form accurately and truthfully. There is a section on claiming benefits: as an EU/EEA/Swiss resident of the UK, you are entitled to claim relevant benefits, so don't lie here! It's worth alerting your employers or educational institution that you are making this application, as the caseworkers will occasionally verify your application by, for example, calling your employer. Make sure you have put the correct bank details in the payment section, as the application will be sent back if they can't withdraw the fees.
If any family members are applying at the same time, it's worth sending their applications in the same envelope and listing them in the relevant section on your form. That way they can all be dealt with together.
I recommend photocopying or scanning your application so that you have a record of exactly what you wrote, just in case the caseworker makes a mistake. I also suggest making things as easy as possible for the caseworker: keep the pages of the application in the correct order, leave the sections that don't apply to you blank, and put all your supporting documents in a coherent order. If you have a complicated situation (multiple jobs, for example, or a lot of translated documents), perhaps provide a table of contents or a cover letter outlining your timeline of exercise of treaty rights and the documents supporting each stage of this timeline.
I also recommend using recorded or special delivery so that you can track the application once you've sent it. Some people also include a self-addressed special delivery envelope in the application so that they'll know when their application has been processed and is being sent back.
Once you're ready, send off your application, and let the wait begin!
In the next post in this series, I will cover the process of making an application for a document certifying permanent residence (otherwise known as EEA (PR)).
Please feel free to comment with any questions, corrections, or requests for clarification. If you want your request kept private, you can send me a private message via Dreamwidth or Livejournal, or comment with your email address and I will email you.
I'll reiterate my disclaimer from the last post: I am not an immigration lawyer, and I am not an immigration advisor. Do not take this post as the be all and end all on this particular subject. Your first port of call should always be the official guidance on the UKVI website.
In today's post, I'm going to focus on applying for a reigstration certificate, otherwise known as the EEA (Qualified Person) (or QP) form.
This form should be used by people from the EU, EEA or Switzerland who are in one of the two situations:
A successful EEA (QP) grants the applicant a registration certificate, which is a formal recognition of their status as a 'qualified person', i.e. a person from the EU, EEA or Switzerland residing in the UK and exercising treaty rights.
Why would you want to apply for this document? I believe that with all the uncertainty regarding Brexit, particular in terms of the status of EU residents in the UK if/when Britain leaves the EU, getting a piece of documentation that officially recognises your status could be very important. The EEA (QP) certificate, like all the documents I'm discussing in this series, is a residence permit issued under EU law rather than British law, and it's unclear if and when EU immigration law will cease to be applicable in Britain. In general, EU-route immigration documents are less stringent than those issued under UK law (e.g. you must merely be working in 'genuine and effective' work, rather than earning above a certain threshold as is the case for UK work visas), and cheaper than their UK-route equivalents (we're talking £65 as opposed to more than £1000).
The other crucial factor is that UK-route visas and immigration law tends to change - and when it does change, it normally makes conditions more stringent and expensive. However, changes to UK immigration law don't tend to apply retrospectively - if you immigrated under certain conditions, generally you continue your immigration journey under those conditions, not any new conditions that may be in place once a law has changed. So if EU law stops being implement post-Brexit, if an EU/EEA/Swiss resident of the UK already has an EEA (QP) certificate, it will be more likely they'll be able to proceed according to EU law, applying for EEA (Permanent Resident) documentation once their five consecutive years exercising treaty rights have arrived, and thence to British citizenship if they so desire. Without the EEA (QP) certificate, they may be forced onto the stricter and more expensive UK-route visas.
The only situation in which I would suggest holding off applying for the EEA (QP) is if you've been exercising treaty rights in the UK for four, or possibly even three years. In this case (providing you're planning to continue to exercise treaty rights), it may be worth sitting it out until you reach the five-year mark and applying directly for permanent residency. However, given the uncertainty, I wouldn't blame you for going for the QP certificate just to get some sort of formal document in hand.
The form you will need, along with the Home Office guidance, can be found here. I recommend reading both carefully before making your application.
You can apply using the form, or in person for an expedited service (booking information for this in on the form), although be aware that if you have non-EU family members, they are not able to use the in-person service. The in-person service costs more than applying by post.
Once you've read the guidance notes, think about how you qualify - how are you exercising treaty rights, and how will you prove that?
If you are a worker, you will need to state whether your work is full-time, part-time, or fixed-term. Your employer will either need to fill in the employer declaration on the form, or write a letter (I would recommend using institutional/company letterhead) confirming that you work for them, your start date (and end date if fixed-term), and your salary. If you have a national insurance number, this will need to be entered onto the form. I would also recommend including either payslips, or an itemised bank statement showing payments coming in. If you hold multiple jobs, you can include them all on the form, but each one will need its own employer declaration/letter and payslips.
If you haven't moved to the UK yet, it's generally recommended that you wait several months until you have a few payslips before applying as a worker.
If you are self-employed, you will need to show evidence of economic activity. You will need to include a 'unique taxpayer reference number', and things like tax self-assessment codes, proof of payment of class 2 or 4 national insurance contributions, invoices for work done, business accounts, business bank statements, and so on.
If you are a student, you will need a letter from your education provider stating that you are a student there, duration of the course and degree that will be awarded. You will also need to show evidence of how you will fund your studies - letters showing you are funded by scholarships or bursaries, statements from your parents, spouse or partner that they are supporting you financially (possibly with one of their payslips included), evidence of part-time work or personal savings, and itemised bank statements showing money coming in.
If you are self-sufficient, you will need to show evidence of funds - itemised bank statements, evidence of a pension and so on.
A reminder: if you are exercising treaty rights as a student or a self-sufficient person, you must include evidence that you have comprehensive sickness insurance. This needs to be either private health insurance, or a non-UK EHIC. It doesn't matter that you are allowed to use the NHS - YOUR APPLICATION WILL BE INVALID WITHOUT PRIVATE HEALTH INSURANCE OR AN EHIC. If you are planning to move to the UK as a student or self-sufficient person, make sure you've bought private health insurance, or have an EHIC.
If you are a jobseeker, you will need to show evidence of proof that you are looking for work - a bank statement showing receipt of jobseeking benefits, letters/emails inviting you to interview, copies of job applications sent, rejection letters and so on. Although it is not stated anywhere in the guidance, applications with long stretches of time (more than three consecutive months) in the jobseeking category are often rejected for permanent residence, so if at all possible, I advise you to apply under the self-sufficient category.
People in all categories will also need the following documents:
2 recent passport photos conforming to British passport/identity document standards. There is guidance about this in the application form, and all passport photos taken in photo booths should be the correct type. If you get your photo taken professionally, make sure you ask for it to be taken according to British passport specifications - the photographer will know what is correct.
Proof of identity - either your EU/EEA/Swiss ID card, or your EU/EEA/Swiss passport. If you have both, I recommend using the ID card, as this means you can hold onto the passport and use it for travel within and outside the EU while your application is being processed.
If you have changed your name, you will need to show proof that it was changed legally. A marriage certificate, deed poll or equivalent will be necessary.
Please note: all documents must be in English or Welsh. If they are not in English or Welsh, you will need to pay to have them translated, and the translator will have to write a letter stating it is a true and accurate translation. You should then include both the originals and the translations.
Fill in the form accurately and truthfully. There is a section on claiming benefits: as an EU/EEA/Swiss resident of the UK, you are entitled to claim relevant benefits, so don't lie here! It's worth alerting your employers or educational institution that you are making this application, as the caseworkers will occasionally verify your application by, for example, calling your employer. Make sure you have put the correct bank details in the payment section, as the application will be sent back if they can't withdraw the fees.
If any family members are applying at the same time, it's worth sending their applications in the same envelope and listing them in the relevant section on your form. That way they can all be dealt with together.
I recommend photocopying or scanning your application so that you have a record of exactly what you wrote, just in case the caseworker makes a mistake. I also suggest making things as easy as possible for the caseworker: keep the pages of the application in the correct order, leave the sections that don't apply to you blank, and put all your supporting documents in a coherent order. If you have a complicated situation (multiple jobs, for example, or a lot of translated documents), perhaps provide a table of contents or a cover letter outlining your timeline of exercise of treaty rights and the documents supporting each stage of this timeline.
I also recommend using recorded or special delivery so that you can track the application once you've sent it. Some people also include a self-addressed special delivery envelope in the application so that they'll know when their application has been processed and is being sent back.
Once you're ready, send off your application, and let the wait begin!
In the next post in this series, I will cover the process of making an application for a document certifying permanent residence (otherwise known as EEA (PR)).
Please feel free to comment with any questions, corrections, or requests for clarification. If you want your request kept private, you can send me a private message via Dreamwidth or Livejournal, or comment with your email address and I will email you.