Non EEA PR application

[alein]

Hi all,

I'm hoping for some help as I'm about to apply for PR as the Non EEA spouse of a German national. My wife and I met in late 2007 whilst I was in the UK on a 3 year student visa. We got married in mid 2010 and I successfully applied for a 5 year residence card in Sept 2010 vaild till Sept 2015.

My wife moved to the UK in Jan 2006, started full time employment in March 2006 and was fully employed till August 2012 with a break for family/health reasons till Jan 2013 after which she was again in full time employment (different job) till Jan 2016. She also enrolled for an undergraduate degree from 2009 to 2015.

My concerns are as follows:

1. Does that fact that my wife was in continuous full time employment for a period of 6 years from March 2006 till Aug 2012 mean that she automatically attained PR herself regardless of whether she applied for it?

2. Does this have any bearing on any gaps in employment after she would have attained PR as far as my application is concerned or will we have to prove that she was exercising treaty rights throughout the duration of my 5 year RC?

3. Will the 4 month gap in employment from Aug 2012 work against us or does the fact that she was studying cover that period? Will we have to proivide proof of comprehensive sickness insurance for the 4 month gap in employment if we were to say she was studying? Would she be expected to have CSI if she had been working full time for 6 years prior to the gap in employment and then returned to full time employment whilst completing studies?

4. If she was self employed during the gap in employment (but not earning very much money) would this be perceived as exercising treaty rights?

5. would a complete tax history from HMRC and a letter from her former Uni be considered as sufficient proof of exercising rights?


I understand that as straightforward as this route may seem it is actually very technical and would be grateful for any help I can get. I apologise if this topic has already been treated, I looked but couldn't find anything.

Thanks

[noajthan]

Hi all,

...

My concerns are as follows:

1. Does that fact that my wife was in continuous full time employment for a period of 6 years from March 2006 till Aug 2012 mean that she automatically attained PR herself regardless of whether she applied for it?

2. Does this have any bearing on any gaps in employment after she would have attained PR as far as my application is concerned or will we have to prove that she was exercising treaty rights throughout the duration of my 5 year RC?

3. Will the 4 month gap in employment from Aug 2012 work against us or does the fact that she was studying cover that period? Will we have to proivide proof of comprehensive sickness insurance for the 4 month gap in employment if we were to say she was studying? Would she be expected to have CSI if she had been working full time for 6 years prior to the gap in employment and then returned to full time employment whilst completing studies?

4. If she was self employed during the gap in employment (but not earning very much money) would this be perceived as exercising treaty rights?

5. would a complete tax history from HMRC and a letter from her former Uni be considered as sufficient proof of exercising rights?

I understand that as straightforward as this route may seem it is actually very technical and would be grateful for any help I can get. I apologise if this topic has already been treated, I looked but couldn't find anything.

Thanks

Welcome.
You were correct to ask own question on own case in own topic - that's how it works here.

1) Yes.
As long as work was genuine and effective and not supplementary and marginal to another activity (eg studying).
Assuming no prolonged absences from UK.

Alternately to claim some time as worker and some as student, CSI (or alternative) would have been required as a student.

2) No, as long as settled by 2011 or 2012 there is no need for wife to have exercised treaty rights after that.

3) See #1

4) Possibly, under EU law.
UK likely to apply its MET test too.
But anyway see #1

5) No. How does letter from uni help if wife was claiming to be a worker.
The studies must not be seen as so significant as to marginalise the work (2006-2011/12),
And see #1
See PR guidance.

[alein]

Hi noajthan,

Thank you for your reply, this will be very useful in proceeding with my application.

My understanding from what you have said is that my best bet will be to proceed on the basis that my wife qualified for PR in 2011 and as such would be percieved to be settled in the UK after such time with no burden to prove treaty rights after 2011 (although I will still include her work history to date) which makes the 4 month gap between Aug 2012 and Jan 2013 irrelevant as far as my application goes. Maybe a cover letter pointing this out to the caseworker might be useful.

It would also seem that including the fact that she studied at all may well be unnecessary unless I can confirm that she did indeed hold CSI or an acceptable equivalent as a student just to further strengthen my application.

And now for the daunting task of filling in this hellish form. Would you advise I complete the most recent version of the form available or is there (by any chance) a more reasonable version?

Again thank you for your help.