EEA3 Maternity Leave and Treaty Rights

[gcameo]

Background
My wife, EEA National, is completing the EEA3 form to apply for A document to Certify Permanent Residence.

She arrived in Sept 2006 but got NI number and Started NI contributions in March 2007. She applied for WRS certificate in Sept 2007 but was already pregnant with our first child. The WRS certificate shows She started working in March 2007.

Her HMRS employment records show she stopped her job on 26/10/2007 but she actually left the job around 18/11/2007.

Anyway, she didn't work because of the pregnancy and subsequently the new baby till somewhere March 2009.

When she was on Maternity leave, she received maternity allowance through the JobCenter,

When she registered as JobSeeker she never received any money.Her first JobSeeker letter that we have is dated 03/04/2009 and last is dated October 2009 both stating no payouts. She Started working for Sainsbury's with her Contract letter dated 25/09/2009 and she is currently still employed by them although on paid maternity leave since June 2013.

Throughout this period, I, non EEA Family Member have been in full time Employment with an OK pay depending on where u stand...

Question
1. When did she obtain Pr? March 2012/Sept 2012/ Not acquired yet?
2. How do we complete Sections 7.1, 7.2 and 7.3 of the EEA3 form

This is how we have done it.

Section 7.1
Selected Employment and gave following
25/09/09 - Present
16/03/2007 - 03/03/2009

Selected Seeking Work
03/03/2009 - 24/09/09

Section 7.2
EMPTY (Should we put my supporting work stuff here?)

Section 7.3
25/09/2009 - Present Sainsbury's Ltd
03/04/2009 - 24/09/2009 Job Seeker with Support from Husband
27/10/2008 - 03/04/2009 Maternity Leave with Support From husband and Jobcentre Maternity Allowance
16/03/2007 - 26/10/2007 Tapestry Ltd (Note we are using date stated on WRS not date when Certificate was issued. Is this correct?)

Is it correct to do it this way? Or should the maternity leave be moved to section 7.2??

[Jambo]

There are issues at hand:

1) she didn't complete 12 months under WRS.
2) gaps in employment due to maternity leave.

If she was on maternity leave under the employer, she would be classified as a worker but if she left the employer then she is not.

I would think she has not obtained PR yet unless you had private health insurance / Non UK EHIC for those periods so she can be regarded self sufficient (based on your income).

[gcameo]

There are issues at hand:

1) she didn't complete 12 months under WRS.
2) gaps in employment due to maternity leave.

If she was on maternity leave under the employer, she would be classified as a worker but if she left the employer then she is not.

I would think she has not obtained PR yet unless you had private health insurance / Non UK EHIC for those periods so she can be regarded self sufficient (based on your income).

Thanks for your prompt response.

1) she didn't complete 12 months under WRS.

She has a WRS for her work at Tapastry and another one from sainsburys. She has been working in Sainsbury's for four years now which is definitely more than 12 months continuous. Does it mean her prior work are all disregarded because of the break? I mean, do they not qualify as exercising Treaty rights?

this is what this government document states
http://www.parliament.uk/Templates/Brie ... id=sn05972

Before 1 May 2011, A8 nationals subject to worker registration could not retain worker status on stopping work if they had not completed 12 months’ continuous registered work. However, this restriction no longer applies.

so will that not apply to her?

2. gaps in employment due to maternity leave.
If she was on maternity leave under the employer, she would be classified as a worker but if she left the employer then she is not.

Since I was working fully and supporting her, will my supporting information not be what they require us to provide in section 7.2 of the EEA3 form?

http://www.ukba.homeoffice.gov.uk/sitec ... /eea31.pdf