EEA3 PR help

[wobrod]

Hi, All

I am now filling the EEA3 application for myself and my wife. We are Polish nationality.
I will be the main applicant and my wife will be the family member. In the March next year we would like to apply for PR.

My questions are:

1. Does my wife need to proof of exercising treaty rights for 5 years as a family member? Such as contracts of employment, letter(s) from employer(s), wage slips or P60s.
2. Does my wife need to proof of residence only? (ex. tenancy agreements, utility bills and bank state¬ments etc.)

3.In the EEA3 application, all of section 7 is for the main applicant. Is that right?

4. I am living in UK since March 2008. I started work in April 2008 as self employed until October 2009.
I was employee on contract from October 2009, but I did not register with WRS until February 2010. So, I applied for WRS in February 2010. I received my WRS certificate in March 2010. I worked full twelve months under WRS.
Would there be any problem with my application?
Can someone explain me would be any reason to refuse my application?

Thanks.

[Jambo]

1. No.
2. Yes.
3. Yes.
4. It's going to be a problem.

If you didn't register as employee under WRS, time as employee won't be counted as exercising treaty rights. Unless you have also been self employed at the same time, you will have a gap in the 5 years required for PR.

[wobrod]

Hello,

Thank you for you quick respond for my last post.

So if the problem might be that I was not register with WRS till February 2010 and unfortunately wasn't self-employed as well.

Could you tell me when do I start counting 5 year period from? From the day I was handed my contract (which I still have) or WRS registration?

Or maybe my wife got a proper documents, but her situation is below.

She came to UK on March 2008 and start work from 26/03/08 but only for one day. Later from 22/04/2008 by an agency as a temporary worker.

She got her WRS from 22/04/08. In 2009 she got a gap in her employment history from 12/06/2009 till 14/07/2009. In that time she went to job center to register as job seeker and get decision but she lost it.
She come back to work from 15/07/2009 by an agency till 04/01/2010 when she get a permanent contact.

Her contract end on 31/07/2012 because of redundant and from 16/08/2012 she received decision from job center plus that she is now job seeker but in the meantime she went to Poland so when she come back she went once again to job center to register once again.

She received two decision from job center plus, one that her job seeker status is ending 16/02/2013 and second one that this status is ending 10/03/2013.

Her national insurance contribution is up to date so she hasn't got any gaps and she will not has because she receiving child benefit.

So my questions are:

1. What kind of chance does my wife has to qualify as main applicant on EEA3 application?

2. Does she can apply as unemployed person when she exceed period of 6 months being job seeker?

3. Is the 6 months as job seeker is a total period of 5 years exercising treaty rights or just a one of few periods in a 5 years time?


Thank you for your help

Regards

[Jambo]

1. Probably better than yours as she registered with WRS on time.
2. Yes. The 6 months is not a cut off duration. If she can prove she genuinely have chance to find employment, this can be longer than 6 months.
3. It's one duration, not total.

Basically, your wife evidence looks solid until August 2012. The fact that was made redundant, means that the HO would still consider her as a worker if she is looking for job (see Regulation 6(2)(b)). Those 6 months would take her to February 2013 and if she proves she is seeking employment, I believe she would be fine to gap the remaining few weeks until she completes 5 years even if she is not able to find employment.

[wobrod]

Thank you Jambo for your advice.

Now I've got a query about my wife status. When she will apply for permanent residence as a main applicant ( and she still will be an active job seeker but not register with job center plus - after 6 months), what will be her status?

Is she going to be a worker, job seeker or unemployed?

As you can see on the previous post she worked over a 1 year without any gaps.

I'm asking because we've got a problem with filling in an application on section 7.1.

Do we have to fill in section 7.2 if my wife got thous gaps (which I mention in previous post) on her employment history?

Thank you,

Regards