My my eea husband messed up with benefits, I'm due for ILR

[mimo05]

Hi, would somebody be able to advise on my situation please?
My husband is EEA national, has been in UK for 7 years, worked on and off. He had gaps in work but for 5 years did not apply for benefits as he had some savings. He did not have comprehensive insurance though.
I am not EEA national, lived with my husband for 6 years in UK. I was due to apply for my ILR last year but my husband worked part time. I thought it might not look good on application and was waiting for him to get a better job. He got a full time job as self employed 8 month ago, but never reported it to the HMRC. He's been getting full time payment along with Working tax credits, child tax credit, housing benefits for last 8 month. ( At the same time as he started his new job I started a private college. We had saving for it but my husband landed it to one man who disappeared with £5000.)
My husband thought he had to report his new income only in April 2012, not before that. With extra money he was getting he thought he could pay for my course, and in April 2012 report his new income and pay off all extra he's been getting.
Now he got an accountant and found out it was wrong and he had to report it before. I do not know if I can apply for my ILR with this situation?
Home office will see it as a money fraud probably and might refuse my application.

Any advise?

thanks
Maria

[sjimoh112]

has been in UK for 7 years, worked on and off. He had gaps in work but for 5 years

How much gap are you talking about in each year?

I was due to apply for my ILR last year but my husband worked part time. I thought it might not look good on application

It doesn't matter if he worked part time (or how it looked on the application) the question is, as he work enough part time to exercise treaty right? And you don't apply for ILR, you'll have to apply for PR.

Also. has your husband got a PR?

[mimo05]

Hi, thanks for your reply

Within 5 year history ,during one year he had a break of 4 month .He was looking for a new job, but was not registered with job center. He had some savings than,did not apply for benefits. Last year he worked 12-15 hours a week as part time job.

No, he did not apply for PR

thanks

[sjimoh112]

No, he did not apply for PR

Well he doesn't have to apply for PR as it's only a confirmation of his right. It only makes it easy for you (non eea spouse).

during one year he had a break of 4 month .He was looking for a new job, but was not registered with job center

He hasn't lost his continuous right of residence for 4 months out of work. It's fine as long as he can provide P60 (or HMRC documents if self employed) for thecontinuous 5 years he had worked.

Last year he worked 12-15 hours a week as part time job

I am not sure how much hours of work you need to do in other to exercise treaty right. The first time my EEA national spouse applied for RC with a 14hours pay slip, the application was returned to her instructing her to re-apply with documents that shows she's exercising treaty right. However, if he's in search of job at this time, he may include refusal letter etc to support other documents in your application for PR.

Hope this helps