jerom wrote:Applied for PR - 11th August, 2015
Application Received - 14th August, 2015
Credit Card Charged - 20th August, 2015
Bio-metric Letter Request Dated - 24th August,2015
Bio-Metric Sent - 02nd September,2015.
COA Received - 18th September, 2015 dated 16th September 2015.
My Question is this:
I married an EU National in May 2010 applied for RC in June 2010 and was issued in September 2010.
My wife entered the UK in April 2010 and worked from April 2010 - October 2010 (7 months).
We moved home as she was due to give birth to our first child and had to stop working.
3 months after our first child she got pregnant again and didn't work until after our second child.
This means she didn't work from October 2010 to August 2012 (22 months) but I have always worked since we got married until now.
She got a new job in August 2012 and has been working since then.
Is there any possibility that I will be refused as my solicitor told me time during pregnancy & child care counts as an EU national exercising their treaty right.
Please your kind advise will be appreciated that is if you know anyone that had the same problem and was successful or not or what should I do?
Thanks.
I found this answered Freedom of Information request:
https://www.whatdotheyknow.com/request/ ... ent_evalua
where half way through the page the UKBA (this was written in 2011) says that:
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If an EU citizen has left her her job due to pregnancy or quits after
the birth of a child in order to become a full time carer then she is no
longer classed as a qualified person under the definition of 'worker' as
defined by the Immigration (European Economic Area) Regulations 2006.
This is because she will not be actively seeking work. However, she may
be in a position to be regarded as a qualified person on the basis of
self-sufficiency as long as evidence of self-sufficiency can be provided
as detailed on regulation 4(1)(c).
A woman who has stopped work temporarily because of pregnancy or
childbirth will continue to be classed as a worker as along as she
remains subject to a contract of employment.
********************************************************************************************
It appears your solicitor is wrong. Many people on these forums, especially on the forum about EEA2 Application Timelines advise agains using solicitors. Many have had very bad experiences with them.