EEA PR Application

[Laroccaml]

Good evening all,

I'm Italian and I've been living in the UK since 07/2011.
I started working in September 2011, my husband did as well, (he is non-EEA).
In 01/2012 I changed jobs (higher position), longer hours and my husband had to quit his job to care for our 3 year old and our other 2 children.
In 10/2015 I fell ill, osteoarthritis and calcifying joints. I was told to cease work as it would cripple me.
My husband started working again 11/2015. I have finally been cleared to go back to work.
My question is, do I qualify to apply even though I did not work for 5 continous years? Keep in mind when I was ill, my husband did work.
Also his residence permit expires 02/2017. If the application takes longer than 2 months, what would happen to his employment rights? Will he have to cease employment?

Thank you in advance,

Maria

[ohara]

As your husband is a non-EEA citizen, his own economic activity is completely immaterial. His right to live and work in the UK is derived from your own economic status, so his period of work cannot be used to count towards PR.

It is possible to acquire PR in under 5 years if you become permanently incapacitated but as you have been cleared to go back to work, I'm not sure if you would be eligible for this. Did you have comprehensive sickness insurance while you were off work?

Also, your husband has a residence card, not a residence permit. An RC does not grant or confer any rights, it simply confirms his status at the time of the application. It is not a visa. As stated above, his rights are derived from your economic activity and if you are not exercising treaty rights in the UK, technically he has no basis to live or work here.

Wait for experts to respond regarding the period you were out of work.

[Laroccaml]

Thank you. I don't know what comprehensive insurance is.
I have my EU insurance card, the one you apply for online.
Is that a requirement to have?
What would happen with my husband if I don't qualify for PR? Can be apply for the residence card again?

Thank you kindly,

Maria

[ohara]

Thank you. I don't know what comprehensive insurance is.
I have my EU insurance card, the one you apply for online.
Is that a requirement to have?

My thinking is that for the period of time where you were off work, you could have been considered as self sufficient which would have kept your PR clock ticking. However, self sufficient people are required to have CSI (comprehensive sickness insurance) so as not to put a burden on the state. An EHIC from your home country is normally accepted. One from the UK would not be.

What would happen with my husband if I don't qualify for PR? Can be apply for the residence card again?

As long as you are exercising treaty rights, yes he can apply for another residence card. Note that if your period of being off work has indeed stopped your PR clock (and you weren't self sufficient during that period), it will have reset to zero and only restarted when you went back to work. If this is the case, you may not have time now to acquire PR in the normal way due to Brexit.

[noajthan]

Worker status maybe retained whilst on sick leave.
Medical evidence will be required. Heavyweight evidence.
That may cover the initial 10/11 months of illness such that PR was acquired in late 2016.

Ref guidance on such vital matters:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- page 15+

Good luck.