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Potential 3-mo gap in residence card; & 6 mo gap in HMRC

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kamoe
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European Union

Potential 3-mo gap in residence card; & 6 mo gap in HMRC

Post by kamoe » Sun Sep 23, 2018 11:23 am

Hello everyone

I am an unmarried partner of an EEA citizen, holder of a Residence Card under EEA rules since 2016. I will be completing 10 years of legal residence in the UK in September next year, and I'm starting to plan my application and make sure I have all I need well in advance.

I have two questions:

1. Last month I had my wallet stolen and with it my valid EEA residence card. This card was valid until 2021. I have reported this to the HO, and they have confirmed to me via email that this document is now canceled and invalid. In the meantime, I have prepared and sent a fresh application for a new residence card, to replace this document. Looking at current timelines, it looks like I could have my new RC around November this year. This means I do not have a valid residence document from August 2018 to November 2018.

My question is: How does this play when I make my application for ILR next year? Would they flag this as a gap on valid residence documentation, or, because my previous card was valid until 2021, would I be covered? Not too worried about this, since this was not my fault and I have honestly done all I should have done, but wondering how this plays out, and if there is something else I should be doing to prevent any problem.

2. I first came to the UK as a student in Tier 4 in September 2009. After finishing my degree in September 2010, I was a job seeker for about 6 months (completely self-sufficient and without claiming any benefits; I was not entitled to). I started my first job in March 2011, and have worked full time ever since. I did not pay any contributions during Sep 2010-March 2011, because I was not working. I just looked at my HMRC history, and it says I have a gap during these months and offers me the option of paying contributions retroactively to cover this gap.

My question is: Should I pay to cover this 6 mo 2010-2011 gap? How having this gap would affect my ILR application?

Thanks!
Kamoe
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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cyclina1
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Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Potential 3-mo gap in residence card; & 6 mo gap in HMRC

Post by cyclina1 » Sun Sep 23, 2018 11:32 pm

you need to present your immigration history.

depends on your visa you had, 6 mo gap in HMRC, may or may not be an issue.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: Potential 3-mo gap in residence card; & 6 mo gap in HMRC

Post by CR001 » Mon Sep 24, 2018 7:27 am

There is no requirement to be employed for the full 10 years. You are over thinking this.

To include time spent as an AEEA EFM, you must submit evidence that your EU sponsor was a qualified person exercising treaty rights for the whole period you are claiming under the EEA route.

Losing your residence card doesn't mean you lose your status.
Char (CR001 not Casa)
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kamoe
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Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Potential 3-mo gap in residence card; & 6 mo gap in HMRC

Post by kamoe » Mon Sep 24, 2018 10:10 am

CR001 wrote:
Mon Sep 24, 2018 7:27 am
There is no requirement to be employed for the full 10 years. You are over thinking this.
Yay :)
To include time spent as an AEEA EFM, you must submit evidence that your EU sponsor was a qualified person exercising treaty rights for the whole period you are claiming under the EEA route.
OK.
Losing your residence card doesn't mean you lose your status.
Even as unmarried partner?

Thanks for all your answers.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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