permanent residency and gap in employment

qazplm · Post by **qazplm** » Tue Nov 01, 2011 1:31 am

Hi, I would like to apply for PR, but I had to look after my baby (with disability LA) and for 18 months I was unemployed, supported by my husband.
I've been working in UK since 2002, in 2006 got temporary residence card, in 2009 stopped working, from 2010 self employed.

Do I have a chance to get PR?
Thank you.

Post by **Lucapooka** » Tue Nov 01, 2011 2:44 pm

Are you the EEA national or is your husband? How can you expect comment on so little information given?

qazplm · Post by **qazplm** » Tue Nov 01, 2011 4:37 pm

I am EEA, my husband is non EU (from 2008 on 5 years leave to remain). in fact, we would like to apply together for permanent residence. I know it doesn't look good at the moment, but maybe there is a small chance?
I have a letter from a doctor stating that I couldn't come back to work because of the condition of my child. Does it help?
thanks

Kitty · Post by **Kitty** » Tue Nov 01, 2011 5:24 pm

What is your nationality?

It is possible that you may have acquired PR in 2007, if you had been working continuously since 2002. Can you prove that you were working and continuously resident in the UK during that time?

Alternatively if you had comprehensive sickness insurance while your husband was supporting you, you may have been "self-sufficient" and legally resident 2009/2010.

When did you marry? When did your husband join you in the UK? If he only arrived in 2008 then he will not qualify for PR until 2013 at the earliest.

boloney · Post by **boloney** » Tue Nov 01, 2011 6:10 pm

Kitty wrote:What is your nationality?

It is possible that you may have acquired PR in 2007, if you had been working continuously since 2002. Can you prove that you were working and continuously resident in the UK during that time?

Alternatively if you had comprehensive sickness insurance while your husband was supporting you, you may have been "self-sufficient" and legally resident 2009/2010.

When did you marry? When did your husband join you in the UK? If he only arrived in 2008 then he will not qualify for PR until 2013 at the earliest.

Even if she is from A8 and we start her clock when A8 joined EU she would accuired PR in may 2009.
Tell us little bit more about yourself.

qazplm · Post by **qazplm** » Tue Nov 01, 2011 7:41 pm

I'm Polish. I didn't have insurance for that period. We got married in 2007.
I have all payslips from 2002, although I came to UK on tourist visa, 2003-2004 - student visa.

boloney · Post by **boloney** » Tue Nov 01, 2011 7:53 pm

qazplm wrote:I'm Polish. I didn't have insurance for that period. We got married in 2007.
I have all payslips from 2002, although I came to UK on tourist visa, 2003-2004 - student visa.

When did you became unemployed?
Did u register under wrs in 2004?
In 2009 was u on maternity leave?

qazplm · Post by **qazplm** » Tue Nov 01, 2011 8:20 pm

Yes, I registered in 2004 under wrs;
on maternity leave 2008-04.2009;
unemployed 04.2009-08.2010.

Kitty · Post by **Kitty** » Tue Nov 01, 2011 9:55 pm

When you say you were on maternity leave, can you confirm that you were still employed during that time (i.e. you were on your employer's books and receiving statutory maternity pay)? Or did you actually leave your job before you went to have your baby?

If the former, at the end of your maternity leave did you decide voluntarily not to return to work for your employer or were you dismissed?

What date did you actually finish employment in April 2009?

boloney · Post by **boloney** » Tue Nov 01, 2011 10:22 pm

qazplm wrote:Yes, I registered in 2004 under wrs;
on maternity leave 2008-04.2009;
unemployed 04.2009-08.2010.

Why not apply for confirmation of your PR based on years may 2004 till april 2009? It is almost 5 years, that should be good enough.

qazplm · Post by **qazplm** » Wed Nov 02, 2011 1:21 am

I was still employed during my maternity leave till 2nd April 2009. Than I decided not to come back to work.

Why not apply for confirmation of your PR based on years may 2004 till april 2009? It is almost 5 years, that should be good enough.

Does it mean, that the 5 years period starts from May 2004? (I was told by solicitor that it counts from the date I got the Temporary RP (2006).
So, do you think that 'almost' 5 years could be accepted? Maybe the letter from the doctor would be helpful?
Where can I apply for that confirmation?
Many thanks

boloney · Post by **boloney** » Wed Nov 02, 2011 6:40 am

qazplm wrote:I was still employed during my maternity leave till 2nd April 2009. Than I decided not to come back to work.

Why not apply for confirmation of your PR based on years may 2004 till april 2009? It is almost 5 years, that should be good enough.
Does it mean, that the 5 years period starts from May 2004? (I was told by solicitor that it counts from the date I got the Temporary RP (2006).
So, do you think that 'almost' 5 years could be accepted? Maybe the letter from the doctor would be helpful?
Where can I apply for that confirmation?
Many thanks

Did you register under wrs in may 2004?
If yes you will be just one month short, so I will just fill up eea3 form, get payslips from may 2004 till april 2009, wrs and send it off to Home office.

boloney · Post by **boloney** » Wed Nov 02, 2011 6:44 am

qazplm wrote:I'm Polish. I didn't have insurance for that period. We got married in 2007.
I have all payslips from 2002, although I came to UK on tourist visa, 2003-2004 - student visa.

So during 2002-may 2004 was you allowed to work?

qazplm · Post by **qazplm** » Wed Nov 02, 2011 9:12 pm

Thank you for your advice.

2003-2004 I had rights to work 20hrs per week as a student (is it somehow useful?).
I registered under wrs straight in May 2004, but the date on the certificate is 08 July.

I am wondering from when exactly I can count the 5 years period?
And why one solicitor told me the clock's started in 2006 when I got the Temporary Residence Card?

Regards.

boloney · Post by **boloney** » Wed Nov 02, 2011 9:37 pm

qazplm wrote:Thank you for your advice.

2003-2004 I had rights to work 20hrs per week as a student (is it somehow useful?).
I registered under wrs straight in May 2004, but the date on the certificate is 08 July.

I am wondering from when exactly I can count the 5 years period?
And why one solicitor told me the clock's started in 2006 when I got the Temporary Residence Card?

Regards.

Can someone shed some light on 2003-2004 please

If you applied for it in may them shoul be fine, I don't even know what's date on my one. I would count it from may 2004 till may 2009, looks straight forward. If you have payslips for this period go for it.
Change solicitor, he does't know what he is talking about.(me too

)
But date on registration certificate is irrelevant, you did't Have to apply for it, it was your choice.
Fill up eea3 and sent it to Home office.

qazplm · Post by **qazplm** » Wed Nov 02, 2011 9:49 pm

I'll do this for sure.
many thanks.
regards.

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permanent residency and gap in employment

permanent residency and gap in employment