PR - 5 years continuously working - sudden unemployement. Need you advises, please, thank you

[Margaux]

Hello everyone.

First, thank you in advance for reading and taking time on my post.

I have been searching on the forum several time and google browsing too but I didn't seem to find my answers. Please, if anyone could help me out on the following that would be strongly appreciated.

My main incomprehension is for the 5 years continuously working to apply for a PR for my partner who is on a resident card as a EEA family member.

1) I am a french National and my unmarried-partner is an Afghan National (we are fiancée, living like married couple but we are not legally married).

2) I started working in the uk on the 1rst of June 2013.
Before that, between September 2012 and June 2013 (start of my first job), I did a lot of go and come back between uk and France to finish my study.

3) Me and my partner got engaged - engagement party on the 03/01/2013.

4) My Non EEA partner got his resident card of EEA family member in 20/03/2014.
Expired on 21/03/2019

5) Since 01/06/2013 until now 01/07/2018 I (EEA) have been working continuously.
BUT:
- On the 19/03/2018 I started a new employement ( left my permament job for something I thought would be better) - I had 3 months probationary period which I would have pass without problem. But on the 29/06/2018 they didn't pass my probationary period and terminated my employment because they decided to re-organised the whole job role i was undertaken. My role wouldn't be a full time position but an employee aleady in the company will look after it - they stop the recruitement of this roles within the cmpany to use existing ressources to cover it.
I am now without job.

6) My main concernes are:

- For my partner to apply for PR (visa expired on 21/03/2019), the 5 years continuously working for me has to be within his visa issued and experied date or not necessary?
I been in relationships with him since September 2012, but mainly move to Uk in February 2013 and start working from 01/06/2013. My partner was illegaly living in the uk between September 2012 and January 2014 (time we submitted our EEA application).

- if my 5 years continuously up to now can count for his PR, can we apply for a PR now, before its expiry in 21/03/2019 ?

- how long does the regulation allow me to be unemployed for in this situation (loosing my job)? Do they have like a comprehension time fram to allow you finding a new job?

- Do you think that if I don't find another job ASAP my partner PR application may not be accepted?

- Even if I am actively looking for a job on my own, do you think that I have to register with the Job centre ?

- I am thinking of appling for myself for PR (even if not necessary for EEA to do so), would it help?

I really look forward to hearing your advicds and expertise on my situation.
I am facing a huge period of stress since this sudden unemployement happened last Friday.

Thank you very much.

Have a lovely day.

[Richard W]

5) Since 01/06/2013 until now 01/07/2018 I (EEA) have been working continuously.

You have therefore acquired permanent residence, even though you don't yet have a DCPR to demonstrate it.

Consequently, so long as you both continue to live together in the UK , your partner will achieve permanent residence when the residence card he received as your durable partner expires. He will have spent five years in the UK being treated as the family member of a qualified person or EU citizen who is a permanent resident.

[Margaux]

Thank you Richard for your answer. I hope you having a lovely day.

I have seen yesterday a solicitor who told me that the 5 years continuously have to be up to the time we send my partner's apllication with possibility of big max 3 month unemployment break because I loose my job.

Alternatively i can mylsef, now, apply for a permanent resident card as i got the 5 years (+ 1 month). And then, when applying for my partner just show my PR + be working at the time we apply.
If i have a PR i wont have to show my unemployment period but just show that i am working on the time we send my partner's application.

I will ofcourse, keep actively seeking for job but in case my unemployment period last for too long.

Does it sound all ok according to your experience?

Thank you for your future answer.

[Richard W]

I have seen yesterday a solicitor who told me that the 5 years continuously have to be up to the time we send my partner's apllication with possibility of big max 3 month unemployment break because I loose my job.

He's wrong. The requirement is 5 years residence in accordance with the EEA Regulations - see Regulation 15(1)(b) and Regulation 14(2).

Alternatively i can mylsef, now, apply for a permanent resident card as i got the 5 years (+ 1 month). And then, when applying for my partner just show my PR

You could, but you don't need a DCPR.

+ be working at the time we apply.

Unnecessary.

Does it sound all ok according to your experience?

What the solicitor said would work will wok, but you don't actually need a DCPR and you could give up work now.

The best way to secure the right to stay in the UK is for you both to apply for settled status as soon as your husband completes his five years.