EEA PR - Sponsor not working for 3 mths & without CSI

[guivier]

DearAll,
I am a non EEA national, married to an EEA citizen (Greek). We have been married since 2010 and living in the UK together since then. I was issued a Residence card of a family member of and EEA national back on Feb/2011. This is now due to expire in one week. I understand that I could now apply for permanent residence (EEA PR). My spouse (EEA national) has been working during these past five years. However, for a period of 3 months, she was unemployed and she did not have a Comprehensive sickness insurance for these 3 months (when she was not working, she actually never had one as she has always been working). I would like to state that she was legally employed for the remainder period of time, 4 years and 9 months. Does it mean the EEA PR application will be unsuccessful? If yes what are my options. My spouse is currently working in a fixed term contract for 5 years, which started on Apr 2015 and is due to expire on Mar 2020. I have been working throughout the entire period and have all the relevant documentation to prove it (do not know if it matters). Your opinion will be much appreciated. I look forward to hearing from you.
Best Regards

[noajthan]

DearAll,
I am a non EEA national, married to an EEA citizen (Greek). We have been married since 2010 and living in the UK together since then. I was issued a Residence card of a family member of and EEA national back on Feb/2011. This is now due to expire in one week. I understand that I could now apply for permanent residence (EEA PR). My spouse (EEA national) has been working during these past five years. However, for a period of 3 months, she was unemployed and she did not have a Comprehensive sickness insurance for these 3 months (when she was not working, she actually never had one as she has always been working). I would like to state that she was legally employed for the remainder period of time, 4 years and 9 months. Does it mean the EEA PR application will be unsuccessful? If yes what are my options. My spouse is currently working in a fixed term contract for 5 years, which started on Apr 2015 and is due to expire on Mar 2020. I have been working throughout the entire period and have all the relevant documentation to prove it (do not know if it matters). Your opinion will be much appreciated. I look forward to hearing from you.
Best Regards

Relax, all is not lost.

Jobseekers do not need to hold CSI.
3 months as jobseeker should be acceptable.

However evidence of such status will be required, for example, being registered as a jobseeker.

Your activity in UK is in fact immaterial (in immigration terms).

You can apply for confirmation from date of marriage assuming you have adequate documentary supporting evidence.

Good luck.

[guivier]

I am a non EEA national, married to an EU citizen.
Can I choose the route I wanna take to settle in the UK?

[Richard W]

Yes, if your spouse is Irish or has permanent residence. The sponsor for a settlement visa has to be settled, or, I think, travelling with you to be settled on arrival.

[Casa]

If your spouse is Irish (which it appears they aren't as you say they are Greek), you would only be able to use the EEA Regulations as the route to settlement. You can't apply as a spouse of a UK national, simply because your spouse isn't British. It makes no difference whether they are settled or not

[Richard W]

You can't apply as a spouse of a UK national, simply because your spouse isn't British. It makes no difference whether they are settled or not

One would apply as the spouse of a person "present and settled in the UK" (e.g. Immigration Rule E-LTRP.1.2 under 'Family life with a partner' in Appendix FM). However, the normal method for an EEA national to become settled is to acquire permanent residence. If married to (or marrying) an EEA national with permanent residence, I can't think of any advantage in taking the non-EEA family route.

It's possible that an Irish citizen might not be settled in the UK if they didn't enter from a country other than Ireland; other than that, an Irish citizen residing in the UK is automatically settled.

Guivier's problem reported in the first post, if not confronted, can be avoided by simply applying for another residence card.

[Casa]

So we won't in the OP's case concern ourselves about Irish citizens.

[Richard W]

So we won't in the OP's case concern ourselves about Irish citizens.

I just didn't see the first two posts. The third post reads like the start of a thread, so I didn't suspect it wasn't the first post. Thereafter, I was just aiming to correct error, for people in search of answers may start by reading old posts.

[Casa]

So we won't in the OP's case concern ourselves about Irish citizens.

I just didn't see the first two posts. The third post reads like the start of a thread, so I didn't suspect it wasn't the first post. Thereafter, I was just aiming to correct error, for people in search of answers may start by reading old posts.

As you'll have found, always wise to read the whole thread.

[guivier]

Dear All
I have received my permanent residence today 05/07/16 with all the documents.
I have applied alone (I am a non EEA national) sponsored by my wife.
I have applied on 13/01/2016.
COA in February (10/02/16).
I have requested the passport back twice before receiving in May (had to make a trip).
It is interesting/relief because my wife was unemployed for 3 months during the past 5 years.
She did not have CSI during the 5 year period...And was not registered as a job seeker.
She is a researcher and we did not see the point back then...
Many thanks for the support in the forum.
Best of luck to other applicants.