EEA (PR) Non EU qualifying period and Kids

[Remawirah]

Hi good people on this board. I have been a silent reader for a while and have not yet found the answers to my questions below. Hope you can help.

1. When does the qualifying period start for the non EU applicant. Is it from the date we got married when my EU spouse was exercising her treat rights of does it start from the date my 5 yr residence card was issued?

2. My EU spouse worked part-time from September 2011 to June 2014 with 2 maternity leave breaks – May 2012 to Apr 2013 & Oct 2013 to July 2014. Will the fact that she was not in full time employment affect our application. I remember reading somewhere that minimum hours to exercise treaty rights were introduced around Jan 2014. We did not claim any benefits in this period.
From July 2014 my spouse has been in full time employment.

3. Finally, what is the status of our children born in the UK? When will they acquire British citizenship? Do we need to include them in our PR application?

Sorry if these questions have already been asked, I have read several post on here over the last few months and I haven’t found the answers.

Many thanks in advance.

[noajthan]

Hi good people on this board. I have been a silent reader for a while and have not yet found the answers to my questions below. Hope you can help.

1. When does the qualifying period start for the non EU applicant. Is it from the date we got married when my EU spouse was exercising her treat rights of does it start from the date my 5 yr residence card was issued?

2. My EU spouse worked part-time from September 2011 to June 2014 with 2 maternity leave breaks – May 2012 to Apr 2013 & Oct 2013 to July 2014. Will the fact that she was not in full time employment affect our application. I remember reading somewhere that minimum hours to exercise treaty rights were introduced around Jan 2014. We did not claim any benefits in this period.
From July 2014 my spouse has been in full time employment.

3. Finally, what is the status of our children born in the UK? When will they acquire British citizenship? Do we need to include them in our PR application?

Sorry if these questions have already been asked, I have read several post on here over the last few months and I haven’t found the answers.

Many thanks in advance.

1) It is the latest of date of:

• coming to UK;
  date of getting married;
  date of sponsor exercising treaty rights.

Its not really much to do with date of issue of optional RC.

2) Spouse should have maintained her status as a worker whilst on maternity leave. (Documentation required).

HO plays hard ball and applies its PET/MET tests (which go above and beyond EU law) to see if they agree someone is a worker.

3) Minors fortunate enough to have been born in UK don't need PR (and DCPR).
Once a parent has settled status (PR) the child is entitled to register as a citizen under section 1(3) of BNA.
Kids will be British before you!

[Remawirah]

Thanks Noajthan, really appreciate your prompt reply.

I believe my wife maintained the same worker status as she went back to her emplopyer and we also have work letters confirming her period off on maternity leave.

Whats is worrying though is if the part time work will be sufficient for exercising treaty rights. Do you know when the minimum hours/earnings limit was introduced?

Just to clarify, we don't need to add our kids to the PR app, we can just wait until Mrs is succesful and then we will apply for BC for them.

thanks.

[noajthan]

Thanks Noajthan, really appreciate your prompt reply.

I believe my wife maintained the same worker status as she went back to her emplopyer and we also have work letters confirming her period off on maternity leave.

Whats is worrying though is if the part time work will be sufficient for exercising treaty rights. Do you know when the minimum hours/earnings limit was introduced?

Just to clarify, we don't need to add our kids to the PR app, we can just wait until Mrs is succesful and then we will apply for BC for them.

thanks.

Seems to have been around 2014:
https://www.freemovement.org.uk/using-m ... ne-worker/

Yes, you have a good understanding of how to register your children.

You can ofcourse add them and get them PR if you wish; (assuming they've lived in UK for 5 years with you).
They just don't need it, assuming one or both parent's PR is confirmed.

[Richard W]

3. Finally, what is the status of our children born in the UK? When will they acquire British citizenship? Do we need to include them in our PR application?

You didn't say when when your wife started working in the UK. If she had been a 'worker' for 5 years when one was born, it will have been born British. (If she's an A8 national, there may be an issue with WRS.)

[Remawirah]

3. Finally, what is the status of our children born in the UK? When will they acquire British citizenship? Do we need to include them in our PR application?

You didn't say when when your wife started working in the UK. If she had been a 'worker' for 5 years when one was born, it will have been born British. (If she's an A8 national, there may be an issue with WRS.)

Hi Richard, thanks for the contribution. My wife arrived and started working in UK in September 2011 and yes she is an A8 national. Should we be worried about WRS. We married in 2011 and our kids were born in 2012 and 2013.

I have been attempting to complete the 85 pages application form and surprised on the insistence in the guidelines for supporting documents like bills being in both our names. We have been living together for 5 years but we both have different bills in our names but not jointly. Only the tenancy agreement is in joint names.
Does this complicate matters, are we better off using a solicitor instead? Also that fact that my wife was in part-time employement for 3 years and only breaking for maternity leave.

Thanks

[noajthan]

Based on your stated dates, the children were not born British but may be registered when a parent has PR.

WRS ended in April 2011 so don't worry about WRS nonsense.

The monster PR form is not a mandatory, legal requirement; use earlier (simpler) version if you wish.

You and sponsor will need to prove residency in UK as well as sponsor's status as a qualified person.
Hence the need for rock-solid evidence of residence (as well as everything else);
interesting to note that co-habitation is not mandated under EU law though.

HO will probably apply its PET/MET tests to wife to see if they agree she was a worker;
this goes above and beyond the cleaner, purer EU law under which sponsor simply needs to show work was genuine and effective.

A solicitor won't help you much as long as you are organised and methodical and have good documentary supporting evidence.
And assuming sponsor was a qualified person ofcourse.

The fact you have skin in the game probably gives you an edge over a solicitor in some ways;
many people do this successfully without representation.

[Remawirah]

Thanks, but do you reckon we should use a solicitor because we are really worried about the part time employement status.
That said my residence card was issued in 2012 based on my wife exercising treaty rights by being part-time employed... I know things have changed since then.

Has anyone received PR when their sponsor was in part-time employement?

[Remawirah]

Really appreciate your contribution.

We have kept all my sponsors employment letters for the last 5 years and hopefully they will be sufficient for the qualified status, we will leave the PET/MET tets in the lap of the Gods.

Thanks.

[noajthan]

Thanks, but do you reckon we should use a solicitor because we are really worried about the part time employement status.
That said my residence card was issued in 2012 based on my wife exercising treaty rights by being part-time employed... I know things have changed since then.

Has anyone received PR when their sponsor was in part-time employement?

Not sure what a solicitor can do; you just need good evidence.
There is no income or number of hours specified in EU law.

I'm sure you will find examples if you search forum.