Can we still apply for EEA PR with gap after the 5 years?

[Memito]

Hello to everyone! First of all thanks for all the useful information and support that you provide! And big thanks to every single person that share their experiences!

I am an italian guy and my wife is a venezuelan citizen( she posses also an italian citizenship since February 2015).
In June we were applying for EEA PR but because I was without job and for the amount of documentation required for the application form I went trough a lot of stress and I decide to leave it for a while.
We entered the UK on 2 May 2010 and since then I have always exercised my treaty right as worker or registered jobseeker and my wife has held a residence card dependant on myself obviously.

I have exercised my treaty rights since May 2010( date we entered the UK) to 8 June 2015.
24 April to 8 June it is the last time I have been registered as jobseeker.
Then I close the claim because I had to start a new job but I turned it down same day when I realized it was only a casual contract and I decided not to register again with the jobcentre... and look actively for myself.

Question: Are we still elegible for EEA PR with treaty rights exercised from 2nd May 2010 to 8 June 2015? Is this gap from 8 June 2015 to present affecting our applications?I am about to get a new job if God wants.

[noajthan]

Hello to everyone! First of all thanks for all the useful information and support that you provide! And big thanks to every single person that share their experiences!

I am an italian guy and my wife is a venezuelan citizen( she posses also an italian citizenship since February 2015).
In June we were applying for EEA PR but because I was without job and for the amount of documentation required for the application form I went trough a lot of stress and I decide to leave it for a while.
We entered the UK on 2 May 2010 and since then I have always exercised my treaty right as worker or registered jobseeker and my wife has held a residence card dependant on myself obviously.

I have exercised my treaty rights since May 2010 (date we entered the UK) to 8 June 2015.
24 April to 8 June it is the last time I have been registered as jobseeker.
Then I close the claim because I had to start a new job but I turned it down same day when I realized it was only a casual contract and I decided not to register again with the jobcentre... and look actively for myself.

Question: Are we still elegible for EEA PR with treaty rights exercised from 2nd May 2010 to 8 June 2015? Is this gap from 8 June 2015 to present affecting our applications?I am about to get a new job if God wants.

After 5 years of exercising treaty rights as a qualified person (for example as worker or jobseeker) you will automatically acquire PR.

From the details & dates you provided it appears you have achieved this (by 1 or 2 June).
It is optional to apply for PR card.

If you have been married 5 years or more then it appears your wife has also acquired PR too, ie as the family member of an EAA national.
(As a family member it does not matter about her activities in UK as long as she too has been resident for the 5 years).

Having acquired PR it will not be revoked unless you leave UK for 2 years.
So it would appear the 'gap' you mention later on in June is immaterial.

After holding settled status for 12 months you may think about the privilege of British citizenship if you wish.

Yes, the application is arduous but by taking a methodical approach, carefully assembling the evidence, (also keeping copies/scans of everything for your records) & you should be fine.

Best of luck.

[Nyamebeye]

You qualified for PR in May 2015. So it doesn't matter whether you work or not after May 2015. What you need to do is to state in a cover letter with your application that your qualifying period for the purpose of permanent residence is from May 2010 to May 2015. If you have your P60s or payslips for this period and proof of residence, you should be fine to apply.
The jobseeker status from 24th April to 8th June should still qualify you. Don't give up.
Good luck.

[Memito]

That is a great new!There is only one thing that I do not understand yet:

I have entered the UK on 2nd May 2010 but I started my first job on 6th July 2010.
The first two months I was not registered as a jobseeker.If I am not wrong, during the initial right of residence
( first 3 months) you do not need to exercise your treaty rights.
Can I start counting the 5 years from the date I entered the UK(2nd May) or I need to start from the day I started the job(6th July 2010)?

[Memito]

I am really worried because I have exercised treaty rights until 8th June 2015 so if I need to start counting the 5 years from 6th of July 2010 ( and not 2nd of May when I actually entered the UK) that means I have not acquired the permanent residence...!
I am looking forward to read some reply regarding it!

[noajthan]

That is a great new!There is only one thing that I do not understand yet:

I have entered the UK on 2nd May 2010 but I started my first job on 6th July 2010.
The first two months I was not registered as a jobseeker.If I am not wrong, during the initial right of residence
( first 3 months) you do not need to exercise your treaty rights.
Can I start counting the 5 years from the date I entered the UK(2nd May) or I need to start from the day I started the job(6th July 2010)?

Do you have evidence of jobseeking when you entered UK, eg application letters & etc?

This is the guidance about jobseekers that HO uses:
https://www.gov.uk/government/uploads/s ... dacted.pdf

[noajthan]

An EEA national can enter UK as a job seeker
- to see the evidence required from a qualified person exercising treaty rights as a jobseeker see page 9 of this guidance:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Evidence of this may include:

• job application forms;
  letters of invite to interviews;
  rejection letters from employers;
  Jobcentre Plus registration documents;

[Memito]

I thought the "initial right of residence" automatically counted towards the 5 years, but it s not like that so just to summarize and give you a clear picture:

2/05/2010 (entered the UK) - INITIAL TWO MONTHS GAP - 06/07/2010 (start my first job)
08/06/2015 (last day I have exercised the treaty rights)

Obviously as I entered the UK I had to found a flat, open a bank account, obtain a NIN...
Emails are the only evidence I have got showing I was actively seeking employment during the first two months : I have registered at many recruitment websites, I send some job applications, received some replies and rejections from employers and I have attended 3 interviews.The first email I received regarding jobs is a confirmation of application for a vacancy dated 15/05/2010.That is all I have until I started my first job on 06/07/2010.

1- Which date can I start calculating he 5 years....?
2- Do you think the home office will qualified me as jobseeker with only emails?
I am really panicking, can believe that for one month I can loose the permanent residence!

[noajthan]

I thought the "initial right of residence" automatically counted towards the 5 years, but it s not like that so just to summarize and give you a clear picture:

2/05/2010 (entered the UK) - INITIAL TWO MONTHS GAP - 06/07/2010 (start my first job)
08/06/2015 (last day I have exercised the treaty rights)

Obviously as I entered the UK I had to found a flat, open a bank account, obtain a NIN...
Emails are the only evidence I have got showing I was actively seeking employment during the first two months : I have registered at many recruitment websites, I send some job applications, received some replies and rejections from employers and I have attended 3 interviews.The first email I received regarding jobs is a confirmation of application for a vacancy dated 15/05/2010.That is all I have until I started my first job on 06/07/2010.

1- Which date can I start calculating he 5 years....?
2- Do you think the home office will qualified me as jobseeker with only emails?
I am really panicking, can believe that for one month I can loose the permanent residence!

Your application for confirmation of PR will be assessed using the evidence you submit.
If you have evidence from 15 May that should be weighed up.

You could try using an earlier date but if first evidence is from 15 May that may be a good place to start.
Do you have a letter confirming your NIN? (you would have got that with the intention of working so that is preparation for jobseeking too).

Can you also find which websites you were registered on (- you may have profiles or messages still active on such websites)?

Can you also continue to job seek now? (So you will have continuing evidence for current months).

Good luck.

[Memito]

Yes I have got the letter inviting me for the creation of the NIN, I have got 3 email inviting me for job interviews that I have attended, and email confirmations of registration on website like Caterer.com, Reed, Jobscotland.... Etc etc emails showing confirmation of submitted applications, replies from employers like rejection emails, emails saying: thank you for coming by us and drop your cv... it s obvious that I was looking for job, but the evidence are only emails!
Now I am looking for jobs I am being vetted for a job in a bank building I did 2 interviews and I am waiting them to offer me the job, they have contacted my references..
Probably I will contact a solicitor as well to assist me with the whole application even if would cost me a fortune...

[bluecole2]

Personally I do not see the reason for panic here.
It appears that you've qualified for PR regardless of the gaps (open to correction) at the start and end of your qualifying period, so long you can provide P60 for the 5 years. Where you can't provide P60, use payslips or statements of income for the period.

My understanding from what I've learnt here is that you may work 6 months a year and still be a qualified person.

Hope this is useful and most importantly helpful