3 months no job

[arleneauray]

Hi i hope someone can answer my query, im a family member of eu national, my husband came to uk 2007, we got married nov. 2010, my question is in may, june, july 2011, my husband has no job and didnt sign injob centre, but we didnt left the country but he stayed jobless. Im applying this november for permanent residence. He didnt apply for pr.


Jan feb march april - employed
may june july - unemployed but didnt sign in job centre
aug till dec. - employed

[noajthan]

Hi i hope someone can answer my query, im a family member of eu national, my husband came to uk 2007, we got married nov. 2010, my question is in may, june, july 2011, my husband has no job and didnt sign injob centre, but we didnt left the country but he stayed jobless. Im applying this november for permanent residence. He didnt apply for pr.

Jan feb march april - employed
may june july - unemployed but didnt sign in job centre
aug till dec. - employed

What is your question?

And do you have evidence of job-seeking at this time of unemployment (even if not registered at Job Centre)?
For example, letters of application, job interview letters, job offer letters & etc?

Note you don't actually 'apply' for PR.
if an EEA national exercised treaty rights continuously (in UK) for 5 years then PR is acquired automatically.

A person can apply for a 'confirmation of PR' card. It is optional.
It doesn't grant PR, it simply confirms if the person has PR.

[arleneauray]

Sorry, my question is will it be a problem those 3 months that my husband was unemployed but didnt sign in job center, he is french..
we never left the country year 2011

[noajthan]

Sorry, my question is will it be a problem those 3 months that my husband was unemployed but didnt sign in job center, he is french..
we never left the country year 2011

It probably would have helped to have registered at a job centre.

The point is a 'jobseeker' is a recognised category of a 'qualified person' exercising treaty rights.
That means it helps if you can show & prove your husband was in that category at that time: a job-seeker (not 'just unemployed').

Apart from registering at a job-centre, you can provide other evidence of job-seeking.
For example, letters of application, job interview letters, job offer letters & etc.

[arleneauray]

I dont think he did, he just stopped and had a break, and come back to work aug til dec.,
jan, feb march april - employed
may jun july -no work
aug till dec - employed

Eu national can be outside uk for 6 months, my husband just stopped working for 3 months and didnt sign in job centre....

[arleneauray]

I hope it wont be problem those 3 months when i apply this nov. Thats the pnly gap he had, hes been in tge countrysince 2007 and been working eversince.

[arleneauray]

Anybody know if im still safe plsss

[noajthan]

I dont think he did, he just stopped and had a break, and come back to work aug til dec.,
jan, feb march april - employed
may jun july -no work
aug till dec - employed

Eu national can be outside uk for 6 months, my husband just stopped working for 3 months and didnt sign in job centre....

Stopping work and just having a break (inside UK) is not recognised as exercising treaty rights in UK.

All you can do is assemble what evidence you have for that period (and for the rest of the time since marriage) and apply for confirmation of PR.

You are only risking a £65 fee.

If refused due to the period of unemployment(/jobseeking) it just means your PR clock started in mid-2011 when your spouse became a worker.
You may then acquire PR on that basis sometime in mid-2016.

[arleneauray]

Oh no!!! Does that mean i have to wait till next yr , bec of those less than 3months
is there any hope for this

[arleneauray]

Does that mean year 2008, 09, 10 willbe a waste for him as his pr ticking back?

[noajthan]

Oh no!!! Does that mean i have to wait till next yr , bec of those less than 3months
is there any hope for this

Well you can apply & see what happens - so there is hope.

Assemble all the evidence you have for that period in question (and for the rest of the time since marriage) to show how your husband was exercising treaty rights throughout the 5 years; then apply for confirmation of PR.

You are only risking a £65 fee.

If refused you will be told what the problem area is. Then you can consider your options.
If it is confirmed then all good.

[arleneauray]

If unsuccessful, my visa will run out next yr of april, and you said i can apply mid of 2011?

Also, i remember it was cash on hand those 3months. Will this be helpful

[secret.simon]

Your husband and you is only eligible for PR if he has exercised treaty rights for five continuous years.

Treaty rights include
a) Working
b) Seeking work
c) Student (requires either Comprehensive Sickness Insurance or an EHIC card from a non-UK EU country to count)
d) Self-sufficient (Requires Comprehensive Sickness Insurance to count)

Holidays are allowed while he is working, because his status is still that of being employed. But holidays between jobs are not a good idea, especially if he did not have comprehensive sickness insurance for the period to count as self-sufficient.

If he stopped working, was not seeking work (or there is no proof of it) and did not have comprehensive sickness insurance for that period, his clock reset to zero and would have restarted in August 2011, when he started working again. So, both he and you would get PR in August 2016, the fifth anniversary of his starting work again.

You mentioned that you married him in 2010. Do you have proof that you have stayed together for that duration? I think that would also be required. So, joint bills, joint bank accounts and joint tenancies for that period may also be required.

[arleneauray]

Thanks for the reply, i got the tenancy agreement, my worry my visa will expire april 2016, but u said i can apply by aug, will there be no problem with this

[rooibos]

As pointed out in one of my posts:
http://www.immigrationboards.com/eea-ro ... 94898.html

if the HO applies pre-2014 amendement legislation:

Qualified person”

6.—Worker
(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—

[...]

(i)he was employed for one year or more before becoming unemployed;

So if he worked for more than one year, he retains worker status.

This was amended in 2014:

(7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph (1)(a), for longer than six months unless he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged.”

IMHO it is yet to be seen how they would interpret the amendment.
But don't quote me on that; I'm in the same boat as the OP.

[arleneauray]

Ok thank you very much but which amendments apply to my husband, 2011 when he didnt have any job(3months) and is hes bren working all through out 2007 till april of 2011 before this new amendments been made which was 2013?

[noajthan]

If unsuccessful, my visa will run out next yr of april, and you said i can apply mid of 2011?

Also, i remember it was cash on hand those 3months. Will this be helpful

What visa do you think you have?

A RC card is not a visa.

Cash in hand work may cause questions & complications later on;
for example in connection with citizenship and the 'good character' requirement for naturalisation as you may be asked if tax was paid.

[arleneauray]

Ok apologies i am reallt stress and confused now.

2007 till april 2011 -employed paying tax
may jun jul 2011 - thats when he has job but cash on hand
Aug 2011 til present - paying tax employed

my question is which amendments apply to my husband as before this new amendments been made, when he didnt sign in job centre.



pls help

[arleneauray]

I read the amendments in 2006 it says that as long as hes been employed for more than a year, amd resided in united kingdom for 3 years....


so does that mean my husband is safe bec. The new amendments was 2013 before 2011 and still apply in 2006 amendments. Am i correct? Pls help im really stressed

[noajthan]

I read the amendments in 2006 it says that as long as hes been employed for more than a year, amd resided in united kingdom for 3 years....

so does that mean my husband is safe bec. The new amendments was 2013 before 2011 and still apply in 2006 amendments. Am i correct? Pls help im really stressed

The period in question was in 2011.
As posted above, if the following rule (from that time) is applied your husband should be classed as retaining worker status.

Qualified person”

6.—Worker
(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b)

Try to take it step by step.

You need to assemble all evidence for the complete 5 years & then apply for confirmation of PR.

If refused then you can appeal on the basis of this rule.

If your PR is confirmed without dispute (as a dependent family member based on husband exercising treaty rights) then all good.

So it is all about the quality of the documentary evidence you are able to provide for the 5 years period; what you need to submit is detailed in the guidance notes.
Good luck.

[arleneauray]

Ok thank you for the reply, i will provide the evidence, i just want to mske sure thay the 2006 amendments is the one apply on him not the new one....
Do u think i have the chance to get my pr with this matter if i provide the evidence
Thank you.

[Nina Roche]

Ok thank you for the reply....
Do u think i have the chance to get my pr with this matter if i provide the evidence
Thank you.

From all I read above, I think your case falls in grey area, subject to Home office case worker's interpretation and discretion. I think other people above have already given the best suggestion. They are saying you have chance but not certain (so you can certainly try). I don't think anyone here can give you a sure answer that you are looking for, but Home Office itself.

It seems to me the worst scenario is to appeal or apply a second RC.

However, that's only my opinion.

[rooibos]

noajthan, do we have any feedback on whether the HO is applying the 2013-2014 amendment(s) retrospectively?

[noajthan]

noajthan, do we have any feedback on whether the HO is applying the 2013-2014 amendment(s) retrospectively?

rooibos,
I do not know about that.

However I note in this document, about Jobseekers and retention of ‘worker’ status, the statement:

This applies to all decisions made on or after 01 January 2014

https://www.gov.uk/government/uploads/s ... dacted.pdf

[arleneauray]

Thank you moderators esp noajhan....