EEA3 and EEA4 - Kindly help

[fmdddv]

Hello,

I am putting together a request for PR for both myself (EEA) and my husband (non EEA).

1) if I have letters from employers confirming employment do I also need to include payslips and P60s? I have decided to apply with a letter rather than the new form and I would prefer to keep my file a light as possible.

2) my husband was out of the country due to work abroad between 16 Aug 13 and 30 May 14. Then again between 30 Jun 14 and 11 Aug 14. The reason for the month gap is that he had to return to the UK to have his passport renewed. Although abroad he paid UK tax and NI contributions for those periods, as he is registered as self-employed. He has his contract with the foreign employer. Would this be a problem for his PR application? According to the regulations you are allowed to be away for up to a year for a posting abroad but after reading a few posts here I am confused.

3) if we were to apply at different times, and once I'm granted PR, would I still need to prove that I exercised treaty rights once my husband applies or would my PR card be sufficient for his application?

Kindly help. Thank you.

[fmdddv]

I would really appreciate some advice. Please!

[rosebead]

It all depends on how the Home Office counts the years for PR. The Directive allows temporary absences of only 6 months a year for PR but it's not clear whether a year means any 1 year window or it means per annum starting from day zero of the 5-year period. Plus the Directive allows one single absence of 12 months for PR in certain exceptional circumstances like childbirth or a posting abroad. Was your husband a posted worker?

If I remember rightly I think the Home Office may look at it from a per annum perspective, in which case it would be relevant to know which date exactly that your husband began his UK residence under EU law.

[fmdddv]

Thank you for your reply.

We were married May 27th 2009 but his residence card was not approved until December 2011.

My husband is registered as self employed and received a job offer abroad. However he continued paying UK tax and NI contributions for the period he was abroad.

Another thought is if I am able to demonstrate that I had already acquired PR before we were married, would his posting abroad matter?

[rosebead]

It sounds like your husband could fit the definition of posted worker judging from Your Europe. If that's the case, he is allowed one single absence of up to 12 months and so in that case he would still be eligible for PR no matter what.

If he were not a posted worker (although it sounds like he is) he would not be eligible for PR even if the Home Office did only count absences per annum, as opposed to in any 1 year window. You being PR makes no difference, as he still must not be absent more than 6 months a years for his own PR.

I think it's probably a good idea you include P60s and some wage slips. Look at page 111 of the EEA(PR) form and you will see the documents the Home Office likes to see

[fmdddv]

Thank you very much for taking the time to reply rosebud.
You have been tremendous help.