EEA (PR) for my non-eea unmarried partner

[prforyou]

Hello,
My partner has his RC through me since 2012 (application was made in 2011, won through appeal), we have been in a relationship since 2006 and had a baby in 2012. Due to the child, there is some break in my later activity in the UK.

What I did not know until the last few months, is that my 5 years of exercising treaty rights do no longer seem to be straightforward due to CSI. I hope that I may be able to come to 5 years with the help of retained worker status rights. Can someone give me their thoughts and some advise please?

First, do I understand it right, that I need to qualify for any 5 years (and not necessarily during the period of validity of my partner's RC)? In any case, I am thinking to provide evidence for all my years in the UK till now.

This is my timeline here:

Oct/2004 - 07/2010 PhD studies in UK, no CSI (not informed, was never asked for it, not aware...)
- BUT: I had mandatory German public health insurance till 02/2005 (overlapping part-time work in Germany with the beginning of my PhD in the UK) and a letter from the insurer that I will get translated.

02/2005 - 07/2009 and 11-12/2009 Employment on part-time basis at my uni Evidence: letter from uni, P60s, payslips
- August, September, October: CSI problem? I was travelling and have 8 weeks travel insurance
- Actually my contract in Nov+Dec 2009 was advance payment for work to be done then and in 2010, during last PhD stage (submission in March, viva in June).
- I have evidence of my job-seeking activities in 01-07/2010, but unfortunately not for all applications.

08/2010 - 09/2013 Employment and Maternity Leave

11/2013 - 06/2014 Employment somewhere new

--- Break: between 07/2014 - 02/2016...
- Not JSA registered / stay at home mum, BUT actively seeking reduced hours / part-time employment (because of small child) which I have a wealth of application evidence for, but part-time roles were impossible to find....

since 03/2016 self-employed


I have P60's for all the years from 2005/06 - 2014/15.

What is my entry date, March or October 2004? I entered for a conference in March 2004, through further developed contact to my future PhD supervisor, whom I came for to meet in the summer, then underwent the application process from my home country, got admitted and started in October 2004.

[prforyou]

I am hoping to get some advise. Can somebody help please?
I am almost ready with the form and gathered a lot of evidence, but I feel stuck and hesitant sitting over it alone. I have a few questions, but lawyers charge 500£ upwards for consultation.

[prforyou]

Does the sponsor need to qualify continuously during the residence card's valid period or is it sufficient if he/she can show evidence to have qualified for a pr right at an earlier period?

I am sponsor and do not have 5 continuous qualifying years during the RC period because I was looking after our small child and could not find part-time employment (which I have evidence for).

Unless 1.5 years of job seeking without being JSA registered could be acceptable, but I cannot imagine that one can hold worker status right for that long?




.

[secret.simon]

The EEA citizen sponsor needs to either have exercised treaty rights OR held PR status for the whole five year period of the Residence Card. S/he does not need to exercise treaty rights after s/he has acquired PR.

[prforyou]

Thank you! It means a big step forward in the process for me.

[prforyou]

Hello,
During what I want to use as my 5 qualifying years, I have an employment break due to travel for two months. Could that break my qualifying period? Or is travel allowed and does it make a difference to show an international travel insurance for up to 8 weeks?
Thank you

[vinny]

Posts merged.

[vinny]

Hello,
During what I want to use as my 5 qualifying years, I have an employment break due to travel for two months. Could that break my qualifying period? Or is travel allowed and does it make a difference to show an international travel insurance for up to 8 weeks?
Thank you

You may travel up to six months per year without breaking continuity of residence.

[prforyou]

Thank you very much Vinny. How about health insurance during such a period. Is there need to have CSI or another member state's EHIC during travel periods when between employment contracts but travelling outside the UK? Could I also show international travel insurance (valid up to 8 weeks) to avoid scrutiny?


Another urgent question, will I be fine to cover me against the CSI problem, by combining a period (6 Months, perhaps 9 months if initial right of residence counted, although I did not reside in the UK for all of three months, only for a few days) of being a UK student with German EHIC (I got a retrospective E111), with being a student and working in the UK for several years until the end of 5 qualifying years?