alex1128 wrote:This is a question about a query that a friend of mine is facing.
Here is the story:
A Non-EEA national married to a romanian national since august 2010 in Romania and applied for a romanian residence which he acquired the same year.
The romanian partner moved to london in December 2011 and started working as a self employed straight away and her non-EEA husband joined her in august 2012 after he got his family permit.He then applied for An EEA residence card on December 2012 which he received 5 months later and started working as full time employee since July 2013 and his wife was woking as a full time employee since January 2013 until March 2015 where she stopped working because the company where she was working went bankrupt and closed and because of her heavy pregnancy she couldn't find a job.
They've had a baby in May 2015 here in the uk, and since then only the husband was a full-time worker while his wife the romanian national was a home taking care of the baby.
The question is when will they qualify for permanent residence?
and what are the requirements they need to fulfil in order to qualify?
Ive heard that in case of unemployment you need to pay for some health insurance so please enlighten me with what they need to do ?
Thank you very much for your time , help and consideration!
When will PR be acquired...
For lady EEA national, her PR clock started in UK from 2011.
If
exercising treaty rights continuously as a qualified person, her PR could be acquired in 2016.
EEA national's status now appears to be either that of a worker on maternity leave or possibly that of a
self-sufficient person.
Note For a self-sufficient person to qualify as exercising treaty rights (& so count towards PR) CSI needs to be held.
(Workers do not have to have CSI).
For husband (as a dependent family member of EEA national), his PR clock started on entry to UK in 2012.
PR could be acquired by 2017 if his spouse continues to exercise treaty rights (& they remain married).
Requirements for PR
Acquiring PR, for both husband and wife, will depend on the wife (as EEA national)
continuously exercising treaty rights for
5 years in 1 or more categories of
qualified person, eg as a worker, self-employed, etc;
(the husband's activity in UK is, in immigration terms, immaterial)
Any absences (of husband or wife) from UK during the 5 years period must be within prescribed limits.
The PR guidance describes the type & range of supporting evidence that will be required.
Ref:
https://www.gov.uk/government/publicati ... orm-eea-pr
Insurance
Unemployed persons do not require 'insurance'.
In this case (as originally posted) it is not clear anyone is 'unemployed'.
In general, for the EEA-route. only
qualified persons who are students or self-sufficient have to hold CSI (for themselves & dependents).
Status of EAA national now needs to be clarified (eg whether as a '
worker on maternity leave' or as a
self-sufficient person) & adequate documentary supporting evidence needs to be maintained.
As is the case for the whole time spent in UK.
(If self-sufficient, CSI is required & must cover all dependents too; if a worker CSI is not required).
PS Once one parent acquires PR, child born in UK will be able to register as a Briish citizen (if s/he wishes to do so).
