Tricky PR

[Raf1606]

Dear Forumers,

My situation is as follows:

I am in possession of the Residence Card of family member of EU citizen since July 2011. We are not married and have a baby girl who was born in October 2012.

My EU partner came to the UK and started working in June 2006. Her employment lasted till September 2006 and she went back to her home country. She registered for WRS as soon as she started working.

She returned to the UK in November 2007 and started working again for the same agency using her old WRS certificate.

In June 2008 she started working directly for the employer and applied for new WRS certificate.

In September 2012 she went on maternity leave till May 2013. She had not been working since as she is looking after our daughter. I was working since I got my RC in July 2011.

In July this year we are both going to apply for PR using EEA(PR) form.

1) Am I right thinking that I do qualify for PR in spite of the fact that my partner was not employed since her maternity leave ended in May 2013. I assume that she got her PR automatically after continuous exercising of Treaty Rights from November 2007 till May 2013?

2) In a few days my partner is going with our child to her home country for a couple of months on holiday. She was going to sign the EEA(PR) form now and date it July 2016 when we are going to submit application. Is it ok to do it like this or she will have to be in the country when submitting it to avoid any problems with HO?

3) Can we both use the simplified old version of EEA(PR) compiled kindly by one of the forum members instead of 85 page new form?

4) Our daughter was born after my partner was exercising Treaty Rights continuously for 4 years and 11 months at the time she was born. Does our daughter qualify to be British by birth by adding a couple of months my partner worked when she came to the UK for the 1st time?

Many Thanks

[ohara]

Assuming her WRS was in order between 2007 and 2012 she should have acquired PR by then. You do not need to continue exercising treaty rights once you have PR.

The 'simple' EEA3 form floating around on the forum is for EEA citizens only. I suggest you use the EEA(PR) form; you can both apply on the same form (she is your sponsor), and it is not necessary to complete the section about benefits etc.

Treaty rights must be exercised continuously for 5 years for PR. Her timeline would have been broken when she left the UK.

If the child was born in the UK, it will have an entitlement to register as a British citizen once at least one of the parents have PR. The child does not need PR itself. The form to apply for registration is MN1, you would use section 1(3) and it currently costs £936.

[noajthan]

Sponsor registered for WRS for about 3 months in 2006 then left UK for over a year which broke continuity of residence.
Its not clear how WRS registration will be considered in such a case.

Having returned to UK will the registration with employer be considered as a continuation of WRS or as a new registration. Not sure.

The certificate may have been invalidated by the absence of a year or so. Not sure.
This may well determine if sponsor's PR has actually been acquired yet.

If child was born before sponsor's 5 years of continous treaty rights ( so neither parent was settled) then not born British;
child will need to be registered (as explained above), assuming HO accept one parent's PR has been acquired.

(The months of residence in 2006 can't be added
on to sponsor's PR clock due to the absence which broke continuity in UK).

You state your RC was issued in 2011. (Presumably valid until mid-2016).
EFMs are expected to possess a RC whilst in UK.

When did you enter UK?
When did your relationship 'akin to marriage' commence?
Did you have a RC before 2011?
Have you had any prolonged absences from UK?

[Raf1606]

Thank you for prompt replies.

When she returned to the UK for the 2nd time she continued working for the same agency, so I assume she did not have to register again as it was the same agency she worked for before. And a few months later when she got the contract and started working directly (not through the agency) she applied for new WRS certificate.

Could you please comment on this question:

In a few days my partner is going with our child to her home country for a couple of months on holiday. She was going to sign the EEA(PR) form now and date it July 2016 when we are going to submit application. Is it ok to do it like this or she will have to be in the country when submitting it to avoid any problems with HO?

Also, my job role includes travelling abroad from time to time. I will have to travel soon for 1 month and I will have to return to the UK just before my RC expires. I have never had problems travelling alone without my EU partner, but this time she will not be in the UK and I will return just before the RC expires. Hope there will be no problem.

After I receive my PR would I be able to travel freely in Europe or I will still have to apply for Schengen visa?

[noajthan]

Thank you for prompt replies.

When she returned to the UK for the 2nd time she continued working for the same agency, so I assume she did not have to register again

...

Could you please comment on this question:

In a few days my partner is going with our child to her home country for a couple of months on holiday.
...

Also, my job role includes travelling abroad from time to time. I will have to travel soon for 1 month and I will have to return to the UK just before my RC expires. I have never had problems travelling alone without my EU partner, but this time she will not be in the UK and I will return just before the RC expires.

...

The trouble is sponsor was absent and broke continuity of residence.
So the original WRS cert may have lapsed too. You will have to check this critical point via the WRS enquiry email address.

Here is email address for WRS-related enquiries: workerregistration.scheme@homeoffice.gsi.gov.uk

Be aware HO may ask follow up questions or ask for more documents; otherwise sponsor may travel.

Note you will have to submit RC with application so you may not have it in hand for travel. (Depends on timing).

[Raf1606]

Sponsor registered for WRS for about 3 months in 2006 then left UK for over a year which broke continuity of residence.
Its not clear how WRS registration will be considered in such a case.

Having returned to UK will the registration with employer be considered as a continuation of WRS or as a new registration. Not sure.

The certificate may have been invalidated by the absence of a year or so. Not sure.
This may well determine if sponsor's PR has actually been acquired yet.

If child was born before sponsor's 5 years of continous treaty rights ( so neither parent was settled) then not born British;
child will need to be registered (as explained above), assuming HO accept one parent's PR has been acquired.

(The months of residence in 2006 can't be added
on to sponsor's PR clock due to the absence which broke continuity in UK).

You state your RC was issued in 2011. (Presumably valid until mid-2016).
EFMs are expected to possess a RC whilst in UK.

When did you enter UK?
When did your relationship 'akin to marriage' commence?
Did you have a RC before 2011?
Have you had any prolonged absences from UK?

Entered the UK as student in June 2005 and have been on visas till got my RC. In November 2008 relationship began with cohabitation. In July 2011 got my RC based on long relationship akin marriage. No long absences apart from the absences of 3 months on 2 occasions when I was sent abroad by my employer.

It's an interesting matter with continuation of WRS. On her WRS certificate it states:

This certificate ceases to be valid if you are no longer working for the employer specified in this certificate on the date on which it is issued.
This certificate expires on the date you cease working for the specified employer.

On the positive note on her next WRS certificate the work start date is June 2008 (though, for some reason, the certificate itself is dated October 2008 - took them a few months to issue it?!?!) and the end of maternity and employment is August 2013 (just checked all the documents and she was paid till end of May 2013 but was formally employed till August 2013 according to her P45). So it's still more than 5 years if Maternity Leave is regarded as Exercising.

[noajthan]

So your acquisition of PR in or after this July depends on sponsor already having PR.

If first WRS remained valid then all good.

If first WRS was invalidated then partner/sponsor worked in 2007 without being registered (in effect).
And so registered late for WRS, in 2008, but then stayed registered with same employer for the required 12 months.

If HO accept that scenario then again, all
should be well.

Worker status can be retained due to maternity leave as long as you have adequate documentary supporting evidence (as will be required anyway for whole application).

[Raf1606]

Thanks Noajthan!

Do you think it's going to be ok if my EU partner signs the application form now and leaves the country till August. And I will submit application myself in the beginning of July? My concern is that HO will be checking her entries and exits and it may cause problems if she is not in the UK when the application will be submitted.

[noajthan]

The trouble is sponsor was absent and broke continuity of residence.
So the original WRS cert may have lapsed too. You will have to check this critical point via the WRS enquiry email address.

Here is email address for WRS-related enquiries: workerregistration.scheme@homeoffice.gsi.gov.uk

Be aware HO may ask follow up questions or ask for more documents; otherwise sponsor may travel.

Note you will have to submit RC with application so you may not have it in hand for travel. (Depends on timing).