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Non-EEA Family member of a PR-EEA who is made redundant

Posted: Mon Jun 05, 2017 3:28 pm
by ojconcentrate
Hello Everyone,

I am an EEA citizen who has had a permanent residency since 2011.
I have two children who have British Citizenship.

My wife is a Non-EEA citizen has had two 5-year (we didn't get a PR after the first one because the process took longer and she needed to travel so we just took another 5-year residency permit which is valid until End of 2017). She was employed for the first 5 years at a retail company, we had two children and she has been self employed for the past three years.

We have applied for her Permanent residency card back in January this year. We have already received the first letter informing us that they application was received and asking for the Biometric information which was submitted the same day that the letter was received.

Throughout this entire period (since 2005) I have been a "qualified" EEA resident since I've always held a job and there are no gaps between employment.

I have been informed that I am a candidate for redundancy which will be decided in the next few days.

We have enough savings that even if I am made redundant, we should be self sufficient for a few months until I find another Job.

My questions are:

1. Since I have permanent residency, would a job loss and a gap between my employment (even if a small gap) have any effect on her application that is now being processed and push me in the "unqualified" category? I assume that the decision will be made based on the information that was sent back in January. The redundancy, if it goes through, will not happen until the end of June.

2. Would me claiming any sort of job seekers allowance during the time that I will be searching for a Job to supplement our savings cause me be to become ineligible and affect her status in any way?


Many thanks

Re: Non-EEA Family member of a PR-EEA who is made redundant

Posted: Mon Jun 05, 2017 3:32 pm
by Casa
ojconcentrate wrote:Hello Everyone,

I am an EEA citizen who has had a permanent residency since 2011.
I have two children who have British Citizenship.

My wife is a Non-EEA citizen has had two 5-year (we didn't get a PR after the first one because the process took longer and she needed to travel so we just took another 5-year residency permit which is valid until End of 2017). She was employed for the first 5 years at a retail company, we had two children and she has been self employed for the past three years.

We have applied for her Permanent residency card back in January this year. We have already received the first letter informing us that they application was received and asking for the Biometric information which was submitted the same day that the letter was received.

Throughout this entire period (since 2005) I have been a "qualified" EEA resident since I've always held a job and there are no gaps between employment.

I have been informed that I am a candidate for redundancy which will be decided in the next few days.

We have enough savings that even if I am made redundant, we should be self sufficient for a few months until I find another Job.

My questions are:

1. Since I have permanent residency, would a job loss and a gap between my employment (even if a small gap) have any effect on her application that is now being processed and push me in the "unqualified" category? I assume that the decision will be made based on the information that was sent back in January. The redundancy, if it goes through, will not happen until the end of June. As you've correctly assumed, the decision will be made on your employment on the date the application was submitted.

2. Would me claiming any sort of job seekers allowance during the time that I will be searching for a Job to supplement our savings cause me be to become ineligible and affect her status in any way? No.


Many thanks

Re: Non-EEA Family member of a PR-EEA who is made redundant

Posted: Mon Jun 05, 2017 3:56 pm
by ojconcentrate
Thank you. I know there is little to be concerned about but I like to be prepared for any eventualities. Thank you again.

Re: Non-EEA Family member of a PR-EEA who is made redundant

Posted: Mon Jun 05, 2017 9:37 pm
by Jblaze70
Hi,
I am writing regarding myself I have done my 5years as a dependant on my mother who has permanent resident, but right now I was Refuse based on the fact my mother who sponsored me 5years ago is now a British citizen, and I have execise my treaty right studied for 2years and then work for 3years even still now.
1. So my question is how will I go about this and it possible to still apply for my PR?
2. Do I have to apply for a indefinite leave to remain?

Thanks

Re: Non-EEA Family member of a PR-EEA who is made redundant

Posted: Mon Jun 05, 2017 11:06 pm
by vinny
ojconcentrate, once you have acquired PR, you don't need to be a qualified person.

Jblaze70, wait for the judgment. If you are an EEA citizen, then you could also be a qualified person in your own right.

You cannot apply for indefinite leave to remain under the Immigration rules, except under Long residence. However, it's pointless as it will fail, if you fail under the EEA regulations.

Re: Non-EEA Family member of a PR-EEA who is made redundant

Posted: Tue Jun 06, 2017 1:08 pm
by ojconcentrate
Thank you, vinny. You're incredibly helpful, as always.