Re : Qualifying Residential Period for PR

[jun0607]

Hello. I am writing this post to seek for your advice and wisdom regarding to the qualifying period for PR. I have read a lot articles in this section for a few days. However there are some things that I would like to check.

I am non-eea national. I am married to my wife who is eea national, Lithuanian. We came to England in July 2014. I applied for RC in Dec 2014 but got refused in April 2014 due to there was an interruption in my wife's employment. We made a fresh application in Aug 2014 as she started her full time employment in a factory from April 2014. And luckily I have been granted RC in Dec 2014. And Now we can plan the future together in the UK with my RC.

The thing is, my wife is wanting to leave her employment this month Jan 2016 as her job in the factory is too physically demanding and draining. She wants to have a break until July 2016. So this will make her voluntarily unemployed from Jan to July 2016. I will start my full time employment from July 2016. So I think, from July 2016 with my salary and with CSI and with sickness leave insurance, she can be a qualified person as a self-sufficient person. The problems is the period time from Jan to July 2016 as she has her break which means she will not be a job seeker nor a self-sufficient person during that time.

My question is

1. Would it be still possible for me to apply for PR if she had that break from Jan 2016 to July 2016 not exercising her Treaty Rights and then start exercising Treaty Rights again as a self-sufficient person from July 2016 to the next 5 years? I assume that the clock for 5 years of time for PR has started from April 2014 when my wife started her full time employment. I don't mind cancelling that clock and re-start it from July 2016 if it is possible. But I am worried if this will make the Home Office may argue that I was unlawfully resident during Jan 2016 to July 2016 as she was not exercising her treaty rights. Does she must remain as a qualified person throughout all the time she lives in the UK?

2. If this will be possible, then I would probably be able to apply for PR around July 2021. My Residence Card is valid until Dec 2020 so it will be expired by the time when I am about to make application for PR. Would it be still possible for me to apply for PR even after the expiry date of my Residence Card?

3. If this is not possible, then I think we really should think of making her self-sufficient before she quits her job by getting CSI. We have got about 4000 pounds in our joint bank account and she has got around 2000 pounds in her account. I know this might be a silly question but do you think the Home Office would accept that she was self-sufficient from Jan 2016 to July 2016 with CSI and with this amount of savings?

4. If this is also unlikely then I think I should ask her to work at least part time(perhaps only on weekends) and get CSI for both of us so that she can be recognised as a worker.


I would be very grateful if anyone could give me advice on this. Thank you.

[jun0607]

I did some extra research. I assume that I can choose any of 5 years within my residency in the UK to apply for PR. Am I correct?

However I am still worried that if I(non-eea) as a spouse of EEA national would still have the right to reside in the UK even when my wife(eea-national) does not exercise her Treaty Rights.

I have read a few posts describing other situations. They seem to have had gaps(period of time that does not qualifying) but still they(and their non eea national spouse) could apply for PR as long as they have any secured qualifying 5 years.

If this is okay, I can simply tell her to have a break to recover until July 2016 and then re-start the clock for PR.

Please I will be most grateful for any advice or sharing information.

[noajthan]

Hello. I am writing this post to seek for your advice and wisdom regarding to the qualifying period for PR. I have read a lot articles in this section for a few days. However there are some things that I would like to check.

I am non-eea national. I am married to my wife who is eea national, Lithuanian. We came to England in July 2014. I applied for RC in Dec 2014 but got refused in April 2014 due to there was an interruption in my wife's employment. We made a fresh application in Aug 2014 as she started her full time employment in a factory from April 2014. And luckily I have been granted RC in Dec 2014. And Now we can plan the future together in the UK with my RC.

The thing is, my wife is wanting to leave her employment this month Jan 2016 as her job in the factory is too physically demanding and draining. She wants to have a break until July 2016. So this will make her voluntarily unemployed from Jan to July 2016. I will start my full time employment from July 2016. So I think, from July 2016 with my salary and with CSI and with sickness leave insurance, she can be a qualified person as a self-sufficient person. The problems is the period time from Jan to July 2016 as she has her break which means she will not be a job seeker nor a self-sufficient person during that time.

My question is

1. Would it be still possible for me to apply for PR if she had that break from Jan 2016 to July 2016 not exercising her Treaty Rights and then start exercising Treaty Rights again as a self-sufficient person from July 2016 to the next 5 years? I assume that the clock for 5 years of time for PR has started from April 2014 when my wife started her full time employment. I don't mind cancelling that clock and re-start it from July 2016 if it is possible. But I am worried if this will make the Home Office may argue that I was unlawfully resident during Jan 2016 to July 2016 as she was not exercising her treaty rights. Does she must remain as a qualified person throughout all the time she lives in the UK?

2. If this will be possible, then I would probably be able to apply for PR around July 2021. My Residence Card is valid until Dec 2020 so it will be expired by the time when I am about to make application for PR. Would it be still possible for me to apply for PR even after the expiry date of my Residence Card?

3. If this is not possible, then I think we really should think of making her self-sufficient before she quits her job by getting CSI. We have got about 4000 pounds in our joint bank account and she has got around 2000 pounds in her account. I know this might be a silly question but do you think the Home Office would accept that she was self-sufficient from Jan 2016 to July 2016 with CSI and with this amount of savings?

4. If this is also unlikely then I think I should ask her to work at least part time(perhaps only on weekends) and get CSI for both of us so that she can be recognised as a worker.

I would be very grateful if anyone could give me advice on this. Thank you.

1) Sponsor/spouse is supposed to be exercising treaty rights.

Wife can stop now but get CSI so she will be a qualified person.

2) RC is optional so PR after RC expiry is fine.

3) Good plan if sure you can live on £6K for 6 months.

As long as spouse is not a burden on state/public funds then all good.

4) If a worker then CSI is not required.

Part-time work is acceptable as long as 'genuine'& 'effective'& not 'marginal'.

[noajthan]

I did some extra research. I assume that I can choose any of 5 years within my residency in the UK to apply for PR. Am I correct?

However I am still worried that if I(non-eea) as a spouse of EEA national would still have the right to reside in the UK even when my wife(eea-national) does not exercise her Treaty Rights.

I have read a few posts describing other situations. They seem to have had gaps(period of time that does not qualifying) but still they(and their non eea national spouse) could apply for PR as long as they have any secured qualifying 5 years.

If this is okay, I can simply tell her to have a break to recover until July 2016 and then re-start the clock for PR.

Please I will be most grateful for any advice or sharing information.

Yes any 5 year period that meets requirements will do; no need to use last 5 years.

No gaps permitted.
Sponsor must be a qp exercising treaty rights (until PR has been acquired).

You must have misunderstood some of those other cases - any gaps & HO will kick application into the long grass.

Treaty rights must be exercised continuously or else PR clock will stop.

[jun0607]

Thank you very much for your advice noajthan. I think I should get CSI anyway. May I ask just another quick question please in relation to using NHS?

My wife has been seeing a specialist for her hyperthyroidism. The special list suggests her to get surgery as soon as possible. The surgery itself won't take long. The special list says she can start work normally a week after the surgery. For the last 8 months she has been working as full time in a factory and paying for her National Insurance. But she is not directly employed by the factory but an agency worker although she has been working for the same factory for 8 months. This means by the time she will get surgery she probably won't get any sick leave or sick pay because her employment status as an agency worker. Because of this reason she hasn't got any holiday pay either.

My question is, can she use NHS for her surgery, given that she has been paying her National Insurance, although she will have to stop working at least about a week or two once she gets the surgery? We will get CSI anyway. But it is unlikely that our CSI will cover her pre-existing condition as they say in their policy. So it will be very good if she can use NHS to get the surgery. However I feel a bit confused if she will be allowed to do so. If she use NHS in this circumstances would it affect PR??

Thank you again for your advice and help. I will be most grateful for any advice or information.

[noajthan]

Thank you very much for your advice noajthan. I think I should get CSI anyway. May I ask just another quick question please in relation to using NHS?

...

My question is, can she use NHS for her surgery, given that she has been paying her National Insurance, although she will have to stop working at least about a week or two once she gets the surgery? We will get CSI anyway. But it is unlikely that our CSI will cover her pre-existing condition as they say in their policy. So it will be very good if she can use NHS to get the surgery. However I feel a bit confused if she will be allowed to do so. If she use NHS in this circumstances would it affect PR??

Thank you again for your advice and help. I will be most grateful for any advice or information.

Note Only self-sufficient qualified persons and students (& student's dependents) need to have CSI.

CSI & NHS are confusing.
The CSI requirements are all about immigration & not so much about getting people health care.

Yes, as your wife is a worker & is habitually resident in UK she can access the NHS.
So it doesn't really matter what the CSI policy says.

Here's some background on how access to NHS treatment is evaluated:
http://www.rotherham.nhs.uk/foi/Guidenc ... atment.pdf

Note If your wife stops work for some time to have this treatment she will still be able to retain her qualified person worker status under EU rules;
(whether or not she is on 'sick leave' from the company).

That means her PR clock will not stop running due to the treatment.
(And use of NHS is not a violation of acquiring PR).

She will ofcourse need full supporting documents from doctor & hospital speciliast to back up this status.

Good luck.

[jun0607]

Thank you very much noajthan for your advice and help. I am very grateful. May I ask the last question please regarding to this matter.

If my wife stops working in January and choose to be self-sufficient with CSI and Savings, does it means she have to pay by herself(say, CSI won't cover because of her pre-existing condition) for all the services(consultaions, treatments or surgerys) she will receive from NHS?

What I'd like to know is, if she is self-sufficient or a worker who earns less than 155 pounds per week which is HMRC PET(Primary Earnings Threshold), does it means she cannot access to NHS in general circumstances unless she pay by herself for the services of NHS or she sorts it out with her insurance company?

Let's say, she becomes self-sufficient or a worker earning less than 155 pounds per week this month and continue to do so until she gets surgery in April through NHS. Would she be allowed to do so? If so, would this fact affect PR?

I have read articles here http://www.rotherham.nhs.uk/foi/Guidenc ... atment.pdf

and here https://www.citizensadvice.org.uk/healt ... om-abroad/

and here https://www.citizensadvice.org.uk/benef ... ence-test/

I am a bit confused. Thank you again for your advice and help.

[noajthan]

Thank you very much noajthan for your advice and help. I am very grateful. May I ask the last question please regarding to this matter.

If my wife stops working in January and choose to be self-sufficient with CSI and Savings, does it means she have to pay by herself(say, CSI won't cover because of her pre-existing condition) for all the services(consultaions, treatments or surgerys) she will receive from NHS?

What I'd like to know is, if she is self-sufficient or a worker who earns less than 155 pounds per week which is HMRC PET(Primary Earnings Threshold), does it means she cannot access to NHS in general circumstances unless she pay by herself for the services of NHS or she sorts it out with her insurance company?

Let's say, she becomes self-sufficient or a worker earning less than 155 pounds per week this month and continue to do so until she gets surgery in April through NHS. Would she be allowed to do so? If so, would this fact affect PR?

I have read articles here http://www.rotherham.nhs.uk/foi/Guidenc ... atment.pdf

and here https://www.citizensadvice.org.uk/healt ... om-abroad/

and here https://www.citizensadvice.org.uk/benef ... ence-test/

I am a bit confused. Thank you again for your advice and help.

If a worker I'm not aware of a minimum salary requirement to access NHS. (And PET is not part of EU regulations).

If wife becomes self-sufficient it looks like she has to meet these requirements, from your link:
https://www.citizensadvice.org.uk/benef ... ence-test/

But if she retains worker status, either by going on sick leave or by leaving work altogetehr for a medical reason, she can still be classed as a worker.