EEA4 time off between different jobs.

[Salem]

Hi,

I'm a dual national born in Belfast, Irish/British passports living and working in London.
I am married to a non EU National, who is with me here in London via Family Permit, then 5 Year Residents Card. We applied before the McCarthy judgement (thankfully), so stay on the old rules.

Basically, my query is about my wife's application for EEA4. I am in the process of a restructure at my employment, and will possibly be made redundant, but with quite a nice redundancy payment. I'm thinking of taking a few Months out to go travelling with my wife before starting a new job.

As far as exercising my Treaty Rights and my Wife's 5 Year Resident's Card, how long would I be allowed until it would be a problem in her EEA4 Application when we apply in the future? I wouldn't be claiming any benefits, so not exercising any Treaty Rights like that, just a gap in my employment within the 5 years when I apply and show evidence as payslips for her EEA4.

Also how long is she allowed to be out of the UK while on her Residents Card before it's an issue? Her proof shouldn't be a problem, her name is on our quarterly utility Bills and Council Tax Bills, but just wanted to check that as well.

As I say, we're only thinking of a few Months, maybe3 or max 4, but wanted to find out if this was possible and wouldn't cause problems in the future with her EEA4 Application?

Thanks in advance.

[chaoclive]

When is she due to apply for EEA4? I'm not sure about the answer to your question, but, rather than risk it, if she only had a few more months to go, I would probably just try to get another part-time job just to maintain worker status right through until the end.

Just a thought from another 'Northern Irelander'...

[Salem]

When is she due to apply for EEA4? I'm not sure about the answer to your question, but, rather than risk it, if she only had a few more months to go, I would probably just try to get another part-time job just to maintain worker status right through until the end.

Just a thought from another 'Northern Irelander'...

Hi chaoclive.

We have roughly another 3 Years to go until we can make the application, so that's not an option.

I'm hoping there might be some provision a break, but not 100% sure, or how long is allowed. As I say, I wouldn't be signing on, claiming benefits, so it would be a break, albeit only for only a short time to go on holiday.

I mean, if I got made redundant, didn't go on holiday, but it took a month or 2 to get a new Job, not claim for benefits in that time due to my redundancy payment, surely that must be allowed?

I just need some clarification if possible.

[rosebead]

Temporary absences of 6 months in a year, or 12 months in exceptional circumstances, won't affect the continuity of your residence (Article 16 of the Directive). A holiday is certainly just a temporary absence. That said, I'm not sure if the UK will view an absence as 'temporary' if you give up your tenancy in the UK. Best email the Home Office at EuropeanOperational@homeoffice.gsi.gov.uk to check.

[Salem]

Temporary absences of 6 months in a year, or 12 months in exceptional circumstances, won't affect the continuity of your residence (Article 16 of the Directive). A holiday is certainly just a temporary absence. That said, I'm not sure if the UK will view an absence as 'temporary' if you give up your tenancy in the UK. Best email the Home Office at EuropeanOperational@homeoffice.gsi.gov.uk to check.

Thank you very much Rosebead.

No, I certainly wouldn't be giving up my tenancy here in London, the rent would be paid as normal if we were away for 2 or 3 Months.

I've just sent an email to the address you provided, and will update the thread once they get back to me.

I just don't want anything to jeopardise my wife's future application, but I thought there had to be some provision a scenario as I posted.

Thank you again.

[rosebead]

If you are keeping your tenancy in the UK, then no problem at all if you holiday for less than 6 months. This will not in any way affect your wife's Permanent Residence nor yours. You and your wife are protected by Article 16 of Directive 2004/38, and also Regulation 3 of the Immigration (EEA) Regulations 2006.

Also when you come back, if you immediately register as a jobseeker with Jobcentre Plus you can maintain 'worker status', which would then mean that any gap in your employment while back in the UK will thus not affect your or your wife's Permanent Residence 'clock'.

If you had been in your job for less than 1 year you can register as a jobseeker for a maximum of 6 months before losing your 'worker status'. If you had been in your job for more than 1 year then you can carry on being a jobseeker for more than 6 months and not lose your 'worker status' if you can show with proofs that you have a good chance of getting a job. This is all detailed in Article 7 of the Directive, and Regulation 6.

As long as you hold on to your 'worker status', then your and your wife's Permanent Residence clock will not be affected.

[Salem]

Just got this response this morning -

My apologies for the delay in responding to your email.



In the unfortunate situation that you are made redundant, you will need to find an alternative way in which you exercise your free movement rights in order to continue to accrue the five year qualifying period for your wife. The easiest way to do this may be to seek to qualify as a self-sufficient person until such a time as you decide to find alternative employment.



In order to qualify as a self-sufficient person, it is necessary that you can demonstrate that you have sufficient funds to maintain yourself and immediate family without recourse to public funds (the redundancy payment to which you refer may fit the bill here, depending on its size) and also to show that you have comprehensive sickness insurance for yourself and immediate family members. Once those requirements are met, you will be considered a self-sufficient person and the permanent residence clock will continue to tick for your wife.



With regards to leaving the country, you are allowed an aggregate absence totalling up to six months in every year before that year is discounted for permanent residence purposes. A period of two to three months for travelling or holidays will not be an issue.



With regards to finding work again, if you follow the self-sufficient route I have suggested above, the issue will be avoided entirely. However, if you decide not to follow that route, you will continue to retain your worker status for as long as you can demonstrate that you are registered with Job Centre Plus, are actively seeking work and have a genuine chance of being engaged (i.e. you are looking for work you are capable of doing).



Finally, there is no finite limit of time a non-EEA national is allowed to be out of the country on a residence card. If she is travelling with her EEA national sponsor (i.e. you) then there will not be an issue. If it happens that the residence card expires during your travels, you may apply for an EEA Family Permit to facilitate your wife’s re-entry into the UK (this application is free of charge).



I hope this has been of assistance to you. Please let me know if I can help you with anything else.



Kind regards,


I think if made redundant, i'm going to take a take a 2 or 3 month break with my Wife, then come back and register with Job Centre Plus untill i find new employment.

I've just had a quick look, and i think CSI will be quite expensive.

Rosebead or anyone see any potential problems with what i propose to do? Will i need to show jobs applied for etc, registered with agencies? I work in Health and Social Care, so can't see me being unemployed very long.

I'm going to email them back and confirm with them that my plan will be ok in regards to my wife's future application. Does matter to me personally, as i have both Irish and British passports, but obviously could for my wife.

[chaoclive]

I remember I got a quote from Bupa for about 48GBP/month for both me and my civil partner.

[Salem]

I remember I got a quote from Bupa for about 48GBP/month for both me and my civil partner.

Thanks mate, i'll have a look at that, though still not sure what way I want to do it.

That's of it happens at all, we're still in the Consultation stage at work.

[rosebead]

If you are not going away immediately after your redundancy, I would recommend registering with Jobcentre Plus even if it's only for a week. It's probably overcautious but I do know that in the Directive that while you are still present in a host State that unless you register with the relevant employment office after being made unemployed, you lose 'worker status'. However there's no requirement to exercise Treaty rights or to stay registered with an employment office while you're away from your host State. Do make sure though to inform Jobcentre Plus when you do eventually go away and they will take you off their books.

[bluecole2]

Surprised not only to see ho's reasonably fast response but also very clear and detailed information.

You are fine to take 2 to 3 months holiday. Just register for jsa as advised above and if you find out that it's taking time to get a job before the 6 months mark switch to self sufficient by getting an health insurance and maintain sufficient funds in account to keep the clock ticking.

[Salem]

Thanks for all the advice folks, if I do get made redundant, i'll call the Job Centre Plus that day, and make a fresh claim to keep my 'Worker Status'. Though I doubt I would get any monetary payments, what with my redundancy being about £12,000.

How much is sufficient funds in my account to keep Self Sufficient status? There is just me and my wife, no dependants.

I also just got a quote of CSI from BUPA for myself and my wife of £80pm, if I go down that route.