EEA Permanent Residence card and PR for Family member

[nazmul2010]

Hi there
my name is Reda. I am a citizen of Lithuania and I came to UK back in September 2005. Then between 2005 and October 2011 before I gave birth my first child I worked for accumulative 36 months. In 2011 I got married with Nazmul who was a student that time. He got his 5 years residency permit in December 2011 as an EEA family member. Initially in 2011 I was in maternity allowance as my employer could not do maternity leave because I worked for them that time only 4 months. From 2011 we been getting housing benefits, child benefits child, work tax credit as Nazmul was working but I was full time house wife. Then in December 2013 I gave birth my second child still I wasn't able to go to work due to looking after 2 young childes full time but Nazmul didn't stop working.
In 2015 Nazmul lost his job so I started employment June which lasted only 3 months before I lost my job due to employment agency closing their operation for the factory site. But luckily Nazmul again found job in September and still in full time employment. And we still getting those above benefits.

NOW MY QUERY IS---

1) I would love to Apply for a UK Permanent residence card but when I checked http://www.gov.uk website they mentioned I have to be a qualified person before I can apply for residence card which means I have to have 5 years worth of employment in my record. But I am not sure it is continuous or accumulator. And also I do not have 5 years worth of employment as I been full time housewife but Nazmul. Does full time housewife helps in regards to that qualification for qualified person category? Can I apply for Permanent residence card?

2) Nazmul's 5 years permit is ending in December 2016 so he would like to apply for permanent residency as well. As far as my understanding if I gets permanent residency card Nazmul can apply his one easy way. But if not then he needs to provide that I was qualified person. Can Nazmul apply for his Permanent residence card once his 5 years residency has expired as he been in continuous employment since 2009?

IF I COULD GET THE RIGHT ADVICE IT WOULD BE REALLY HELPFUL AS THE LAST THING I DON'T WANT TO HAPPEN TO GROW UP KIDS WITHOUT FATHER!!!

PLEASE HELP ME.

[eea2raheem]

Hi there
my name is Reda. I am a citizen of Lithuania and I came to UK back in September 2005. Then between 2005 and October 2011 before I gave birth my first child I worked for accumulative 36 months. In 2011 I got married with Nazmul who was a student that time. He got his 5 years residency permit in December 2011 as an EEA family member. Initially in 2011 I was in maternity allowance as my employer could not do maternity leave because I worked for them that time only 4 months. From 2011 we been getting housing benefits, child benefits child, work tax credit as Nazmul was working but I was full time house wife. Then in December 2013 I gave birth my second child still I wasn't able to go to work due to looking after 2 young childes full time but Nazmul didn't stop working.
In 2015 Nazmul lost his job so I started employment June which lasted only 3 months before I lost my job due to employment agency closing their operation for the factory site. But luckily Nazmul again found job in September and still in full time employment. And we still getting those above benefits.

NOW MY QUERY IS---

1) I would love to Apply for a UK Permanent residence card but when I checked http://www.gov.uk website they mentioned I have to be a qualified person before I can apply for residence card which means I have to have 5 years worth of employment in my record. But I am not sure it is continuous or accumulator. And also I do not have 5 years worth of employment as I been full time housewife but Nazmul. Does full time housewife helps in regards to that qualification for qualified person category? Can I apply for Permanent residence card?

2) Nazmul's 5 years permit is ending in December 2016 so he would like to apply for permanent residency as well. As far as my understanding if I gets permanent residency card Nazmul can apply his one easy way. But if not then he needs to provide that I was qualified person. Can Nazmul apply for his Permanent residence card once his 5 years residency has expired as he been in continuous employment since 2009?

IF I COULD GET THE RIGHT ADVICE IT WOULD BE REALLY HELPFUL AS THE LAST THING I DON'T WANT TO HAPPEN TO GROW UP KIDS WITHOUT FATHER!!!

PLEASE HELP ME.

Hi nazmul2010,

you can only apply for PR if you are a qualified person for the continues 5 years.

Entry date: Job seeking
Frist job :
First maternity leave: Max 12 months break acceptable after birth
Second job:
Second maternity leave: Max 12 months break acceptable after birth
Third job:

If you have more than 12 months break between jobs then you should have medical insurance to qualified as a self-sufficient person.

for you husband: if you don't qualified for PR then your husband can apply for second RC to live in UK.

Senior members: Please let help me if anything I missed.

Hope this help you.
Abdul Raheem

[nazmul2010]

Hi Mr Raheem
thanks for your valuable advice. I would like to know that can Reda apply for settle in the UK: long residence( 10 years) as she been here in the UK since 2005 legally as a Continuous residence and no breaks more than 540 days. If so which category I Nazmul will applying on finishing my residence permit on the December 2016. If not then as far as I understand that I have to again apply for 5 years similar residency which I received in 2011 is that right?

If my wife gets ILR under 10 years rule which types of passport my two Sons' will be getting. I been in in UK since September 2008 so still got 2 more years to qualify for 10 years long settle ILR.

please advice.

Many thanks again.

[ohara]

EEA permanent residence and ILR are different things.

As an EEA citizen it is simpler and monumentally cheaper to go down the EEA route. All you need is 5 years of continuous exercising treaty rights and you will get PR automatically and for free. You can be any mix of a worker, self sufficient, student, as long as it is continuous.

Your non-EEA spouse will also earn PR at the same time as you providing they have been here for the 5 years.

The application for ILR is currently £1875.

Once at least one of you has PR or ILR, your UK-born children will be entitled to be registered as British citizens. The application form to use is MN1, you will apply under section 1(3) and the cost is £925 per child.

[Richard W]

I been in in UK since September 2008 so still got 2 more years to qualify for 10 years long settle ILR.

You, Nazmul don't seem to have been lawfully present in 2012. Your wife wasn't a worker or a student, but you were getting housing benefit, so you clearly weren't a self-sufficient family. As she was not a 'qualified person', and I doubt she kept renewing the initial 3-month period, neither of you was lawfully present in the UK, at least, not under the EEA regulations.

Now, if Reda actually acquired permanent residence in 2005-2011, what I said above is wrong. However, we would need to know more about when she was working then to form an opinion.