non eea national (PR)

[katka1311]

Hi...I am a non-eea national residing in the UK for the past 6 years with my wife and 2 children. I am due to apply for Permanent Residence Card based on the continuity of 5 years which I have worked without a gap. My wife, who is my sponsor has a gap in her status due to the birth of my son. Worked 2010-2013 (including maternity leave) but did not return to work and looked after my son. 2015 she has started a University and became a full time student, expected to graduate in 2018 and she occasionally works on an Ad Hoc basis. My question is: what are our chances of getting the PR card? Should we apply as a family or just for myself? My wife did not have a comprehensive sickness insurance....is it also required for mature students? We are homeowners with a mortgage, do u think they would still refuse because of the gap? If we are to cover the gap, as self sufficient person do we have to printout bank statements for this period of 2 years??? On and off during the 5 years we are residing in the UK we have received tax credits...can this fact challenge our self sufficiency? Thank you very much for your insights.

[noajthan]

Hi...I am a non-eea national residing in the UK for the past 6 years with my wife and 2 children. I am due to apply for Permanent Residence Card based on the continuity of 5 years which I have worked without a gap. My wife, who is my sponsor has a gap in her status due to the birth of my son. Worked 2010-2013 (including maternity leave) but did not return to work and looked after my son. 2015 she has started a University and became a full time student, expected to graduate in 2018 and she occasionally works on an Ad Hoc basis. My question is: what are our chances of getting the PR card? Should we apply as a family or just for myself? My wife did not have a comprehensive sickness insurance....is it also required for mature students? We are homeowners with a mortgage, do u think they would still refuse because of the gap? If we are to cover the gap, as self sufficient person do we have to printout bank statements for this period of 2 years??? On and off during the 5 years we are residing in the UK we have received tax credits...can this fact challenge our self sufficiency? Thank you very much for your insights.

Your acquisition of PR depends on your spouse/sponsor.
Your economic activity (however valuable and fulfilling) is immaterial. You cannot acquire PR based on your activity in UK.

To be considered as a self-sufficient qualified person (for example, whilst a stay-at-home after maternity leave) spouse/sponsor was required to have had CSI in place.
For sponsor's student years to count towards acquisition of PR your spouse needed to have CSI (or alternative) in place.
If there are such gaps then, unfortunately, the PR clock will have stopped for both of you.

What is your wife doing now?
With all this wild talk of Brexit it would be prudent to regularise both of your positions; wife needs to be exercising treaty rights in some way.
As she is currently a student, you all need to be covered by CSI.

Ad hoc work is unlikely to be considered genuine and effective, as is required under EU law.
It is unlikely to pass muster when put through HO's PET/MET tests which go above and beyond the cleaner, purer EU law,

At the very least suggest you both apply for RCs as soon as spouse/sponsor is a qualified person (in EU context).
These may prove especially worthwhile investments if the British sense of fair play kicks in and transitional arrangements (yet to be announced) are put in place for the thousands still 'in flight' on an EU migration trajectory.

[Richard W]

On and off during the 5 years we are residing in the UK we have received tax credits...can this fact challenge our self sufficiency?

It is hypothetical eligibility for, not receipt of, means-tested benefits that disproves self-sufficiency. However, your lack of CSI makes that purely of academic interest so far as the past is concerned.

Once you have CSI in place for the family, you will present your wife as a 'qualified person' on the basis of being a student, rather than being a 'self-sufficient' person. There is a legal argument that your working cannot change her from not being to being a qualified person. (This argument only applies because your right to work depends on her being a qualified person.) However, it is allowed to preserve her status as a qualified person, even though she change category - in your case, from student to self-sufficient.

[katka1311]

I have a residence card in place expiring in Oct 2016. My wife has a blue document confirming her residency but not a permanent residency. She is exercising her treaty rights since 2015 Feb when she has become a full time mature student. In case of a refusal of my application for permanent residency what document should I apply for? Would that be a residence card again? How to increase my chance of receiving a permanent residence card? Should my wife apply for CSI before we send off our application?
Thank you all.

[noajthan]

I have a residence card in place expiring in Oct 2016. My wife has a blue document confirming her residency but not a permanent residency. She is exercising her treaty rights since 2015 Feb when she has become a full time mature student. In case of a refusal of my application for permanent residency what document should I apply for? Would that be a residence card again? How to increase my chance of receiving a permanent residence card? Should my wife apply for CSI before we send off our application?
Thank you all.

If someone cannot achieve proof of PR at this time then yes, obtaining RCs, (one each), would be prudent.

For spouse/sponsor to regularise her status as a student qualified person (or perhaps as a selfsufficient qualified person) then CSI should be put in place, as per the guidance.

As CSI is a form of insurance it obviously cannot be backdated.
But at least your position, until Brexit anyway, will be clearer, legal and a little more stable.

[Noetic]

Your wife, your sponsor, is not exercising treaty rights due to lack of CSI - as far as I can see neither of you are therefore living and working (in your case) legally here.

Your sponsor MUST again start and then continue to to exercise treaty rights for your right to live and work here legally to continue. (Unless sponsor has previously attained PR by exercising treaty rights for a continuous 5 years)

Get CSI sorted to regularise your stay ASAP, the renew RC when it is due for renewal.