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3 Months Gap In Claiming Treaty Rights?

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#1 Dino1980s


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Posted 18 March 2015 - 12:57 AM


I have a question regarding continuity of exercising Treaty Rights. My situation is as follows:

1) started employment (part-time, 16,5h): 30 March 2006
2) received Work Registration Scheme certificate for that start date: 9 May 2006
3) received HO Residence Registration Certificate: 22 Jan 2007
4) studied for BSc: Oct 2006 to Sept 2009 -proof of sufficient funds available but no comprehensive health insurance as until recently I did not know about the requirement
5) studied for MSc 30 Oct 2009 - 29 Sept 2010, graduated: 12 April 2011 -again sufficient funds but no comprehensive health insurance
6) while studying for MSc I voluntarily left part-time job from point 1) to focus on writing MSc dissertation. I received HMRC P45 work 27 June 2010. I was only a student for these 3 months not seeking work or ill.
7) went on quick holidays abroad between 9 and 15 Sept 2010.
8 ) Received contract of graduate, full-time employment March 2010 with the starting date: 20 September 2010. I took it on and work there to date.

In one word: I have a 3 months gap in continuity of employment when I was "only" a student but without comprehensive medical insurance.


I know of transitional arrangements in Chapter 6 of European Casework Instructions https://www.gov.uk/g...rk-instructions (relevant page 16 attached) stating that if smb was not asked for CSI when they applied for residence card before 20 June 2011 the period as a student with no CSI will still qualify as lawful.


However, ultimately I am not sure whether I applied for residence card as a worker or as a student:


I was not asked for CSI when I registered my residence in Jan 2007. I've managed to contact UKBA via the phone and found out that: there is no tick-box to indicate whether an application was done as a worker or as a student. However, there are names (not actual documents anymore) of documents I have submitted and also UKBA inquiries with regards to my registration to the University. These are: proof of funding from the Student Loans Company and a fax to University from UKBA.


My questions are:


1) will the above be sufficient to assume that I have applied as a student (and the gap will be covered by being a student lawfully)


2) Are Immigration Officers very strict about such gap and/or lack of comprehensive medical insurance when they assess cases for naturalisation?

Thank you so much in advance for sharing your knowledge.

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Edited by Dino1980s, 18 March 2015 - 12:59 AM.

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