Massive advice needed !

[aeun-flux]

Hi all, I have been following this forum and love it !! I am in urgent need for some advice,please help !!

I am Indian came in 2007 and have a EEA FP until July 16. My wife came in UK in 2009 and in 2011 she received her WRS card. There was a gap in employment of my wife from Nov 2011 till May 2012, and then she registered as self-employed.During this time I have been working. Around 2013 she got back intoemployment which she is still continuing. As well in august 2013 i had RT offence and in 2014 i was convicted for it and was given conditional discharge for 2 years and spent in Feb 2016.

my queries: I guess I am going to apply for Residence permit, what forms shall I use? does my wife need to apply for RP as well ? is my conviction going to be a trouble for me although its spent? as well the UKBA character rules say 3 years so is it going to be counted from when committed the offence?

Will be absolutely grateful to receive some advice !!!

[Richard W]

I presume your questions relate to satisfying the EEA regulations and persuading people that you do satisfy them. 'Residence permit' suggests ILR, which is why you are worried about your conditional discharge. For the EEA regulations, a single conditional discharge does not matter.

I am Indian came in 2007 and have a EEA FP until July 16. My wife came in UK in 2009 and in 2011 she received her WRS card. There was a gap in employment of my wife from Nov 2011 till May 2012, and then she registered as self-employed.During this time I have been working. Around 2013 she got back intoemployment which she is still continuing. As well in august 2013 i had RT offence and in 2014 i was convicted for it and was given conditional discharge for 2 years and spent in Feb 2016.

What you refer to as an 'EEA FP' is probably a 'residence card', valid for 5 years. An 'EEA FP' is only valid for 6 months.

You could simply apply for a further (5-year) residence card, and then the recommended form is the old EEA2.

However, your wife may have achieved permanent residence, in which case it would make political sense for her to apply for a Document Certifying Permanent Residence (DCPR) and for you to apply for a permanent residence card. You can apply together for the period up to your 5th wedding anniversary. (I assume you married in the UK.) The problem is the gap in her employment.

Now, if for some reason you had 'Comprehensive Sickness Insurance' for this period (not likely, but possible), and your joint income was high enough to disqualify you from benefits, then she would count as 'self-sufficient', and she would have and you would be about to qualify for permanent residence.

Was she actively seeking work from the end of employment to the start of self-employment? Was she in this state for less than or more than 6 months?

Was self-employment successful?

Unfortunately, someone else will have to advise you using your answers; I know too little to offer sound advice on the issues.

[noajthan]

For your wife, there is no 'RP'.
If you mean PR (permanent residence) then she may not acquire PR until sometime in 2017.

That is as a qualified person with her PR clock running from 2012, firstly as a self-employed person then as a worker.
This assumes her period of self-employment (2012) can be shown to have been 'genuine & effective' work.

The only way your spouse/sponsor may have acquired PR earlier (possibly sometime in 2016) is if she can show she fell into the jobseeker category of qualified person for the period from Nov 2011 until May 2012.
She would have to submit adequate documentary supporting evidence to show this.

For example, was she registered as a jobseeker at a jobcentre?
If she cannot show all this then her PR clock will have stopped (until May 2012) and so she is not yet in a position to apply for PR (until 2017 at earliest).

In the meantime, you can certainly apply for another RC as your spouse/sponsor is currently exercising treaty rights.
A RT offence should not impact the application.
Use EEA (FM) form from Gov UK website.

[aeun-flux]

Thanks a million noajthan and Richard W, for your kind replies !!

although I got little bit confused

So if I apply for PR i will not get it? I came in UK in Sept 2007 !! As well during that period of gap of wife's employment Nov 2011 till May 2012, we were self sufficient ,I was working. We didn't take any benefits . My wife first came in Jan 2009, it was on and off and she started working July 2009, after that she got here WRS blue card. Does that count at all?
During her self employment tenure from May 2012, I was still working full-time and as part of Habitual residence compliance I was receiving allowances as well to support our family of 3. During this time as her self-employment wasn't that lucrative but she found time to do voluntary work in a local school where she is now a permanent staff from early 2013. Please advice !!
A big relief about conditional discharge(I hope) but I have been so terrified about the whole incident that I never drove again and dont intend to do so

Supposedly if I apply for the same 5 year card again can I apply for PR in 2017 when my 10year stay completes. please advice !!

thanks again in advance

[noajthan]

Thanks a million noajthan and Richard W, for your kind replies !!

although I got little bit confused

So if I apply for PR i will not get it? I came in UK in Sept 2007 !! As well during that period of gap of wife's employment Nov 2011 till May 2012, we were self sufficient ,I was working. We didn't take any benefits . My wife first came in Jan 2009, it was on and off and she started working July 2009, after that she got here WRS blue card. Does that count at all?
During her self employment tenure from May 2012, I was still working full-time and as part of Habitual residence compliance I was receiving allowances as well to support our family of 3. During this time as her self-employment wasn't that lucrative but she found time to do voluntary work in a local school where she is now a permanent staff from early 2013. Please advice !!
A big relief about conditional discharge(I hope) but I have been so terrified about the whole incident that I never drove again and dont intend to do so

Supposedly if I apply for the same 5 year card again can I apply for PR in 2017 when my 10year stay completes. please advice !!

thanks again in advance

If wife is sponsor then nothing will count before 2009 if she didn't arrive in UK until 2009.
(If you are non-EEA you can't exercise treaty rights).

Due to gaps you have outlined (from 2009) it doesn't appear your sponsor/spouse's PR clock was really running until possibly 2011.
If so, earliest possible PR acquisition: 2016 - subject to cautions outlined above.

If you think spouse was exercising treaty rights before then, with no gaps, then suggest provide more details.

Or if sponsor's PR clock only started in 2012, earliest PR acquisition is: 2017.

That is if no real evidence of jobseeking or self-sufficiency (for which CSI would be required).

So spouse is not likely to have acquired PR yet and so you are not likely to have acquired PR via your sponsor just yet (all based on level of information you have provided).

In meantime, shoot for another optional RC if you need one.

[aeun-flux]

If wife is sponsor then nothing will count before 2009 if she didn't arrive in UK until 2009.
(If you are non-EEA you can't exercise treaty rights).

Due to gaps you have outlined (from 2009) it doesn't appear your sponsor/spouse's PR clock was really running until possibly 2011.
If so, earliest possible PR acquisition: 2016 - subject to cautions outlined above.

If you think spouse was exercising treaty rights before then, with no gaps, then suggest provide more details.

Or if sponsor's PR clock only started in 2012, earliest PR acquisition is: 2017.

That is if no real evidence of jobseeking or self-sufficiency (for which CSI would be required).

So spouse is not likely to have acquired PR yet and so you are not likely to have acquired PR via your sponsor just yet (all based on level of information you have provided).

In meantime, shoot for another optional RC if you need one.

Thanks again noajthan.
Why you saying optional RC, is it not necessary? My wife came to the UK in Jan 2009 for the first time and then it was on and off for her. She got her first job in July 2009 after that she continued with the job and as well started studying. She received her WRS card in early 2011, then in Nov she left that job. She registered as self-employed in May 2012, but the cycle of the self-employment starts from April(if that helps). And as I mentioned before when she was self-employed I was earning and as well during the period before she left her job in Nov 2011 we were working and no reliance on benefits.

As well if I complete 10 years in 2017 can I apply for ILR irrespective of EEA permit?

What do you think would be the right path? thank you again in advance. really appreciate !!

[noajthan]

Thanks again noajthan.
Why you saying optional RC, is it not necessary? My wife came to the UK in Jan 2009 for the first time and then it was on and off for her. She got her first job in July 2009 after that she continued with the job and as well started studying. She received her WRS card in early 2011, then in Nov she left that job. She registered as self-employed in May 2012, but the cycle of the self-employment starts from April(if that helps). And as I mentioned before when she was self-employed I was earning and as well during the period before she left her job in Nov 2011 we were working and no reliance on benefits.

As well if I complete 10 years in 2017 can I apply for ILR irrespective of EEA permit?

What do you think would be the right path? thank you again in advance. really appreciate !!

For a direct family member, a RC is optional (but obviously useful).
It merely confirms status; it doesn't grant or confer that status.

You don’t need to apply for a residence card as a family member but it can:

• help you re-enter the country more quickly and easily if you travel abroad;
  show employers you’re allowed to work in the UK;

Ref https://www.gov.uk/apply-for-a-uk-resid ... d/overview

Wife's continuity of treaty rights (and keeping her PR clock running) may have been broken during 2011-2012 - that's the problem area.

Members certainly have mixed time spent on UK migration route plus EU migration route in their 10-year journeys to settled status.
You haven't shared 10-year timeline for anyone to analyse and comment on that.

[aeun-flux]

thanks for your reply Noajthan, apologies for the repost as i did the previous one without the genuine thank yous first

Wife's continuity of treaty rights (and keeping her PR clock running) may have been broken during 2011-2012 - that's the problem area.

is there anything possible to secure this problem area, she has worked voluntarily though but to get paperwork might be trouble or might be able to get those. please advice

Members certainly have mixed time spent on UK migration route plus EU migration route in their 10-year journeys to settled status.
You haven't shared 10-year timeline for anyone to analyse and comment on that.

I have come in Sept 2007 with a student visa and moved into non EEA 5 years in 2011. We have been together since 2009. do you think I would be eligible for ILR in sept 2017? Please advice !!

[noajthan]

thanks for your reply Noajthan, apologies for the repost as i did the previous one without the genuine thank yous first

Wife's continuity of treaty rights (and keeping her PR clock running) may have been broken during 2011-2012 - that's the problem area.

is there anything possible to secure this problem area, she has worked voluntarily though but to get paperwork might be trouble or might be able to get those. please advice

Members certainly have mixed time spent on UK migration route plus EU migration route in their 10-year journeys to settled status.
You haven't shared 10-year timeline for anyone to analyse and comment on that.

I have come in Sept 2007 with a student visa and moved into non EEA 5 years in 2011. We have been together since 2009. do you think I would be eligible for ILR in sept 2017? Please advice !!

Thanks.

Aeon Flux was a great film btw.

Did we cover this ground before? Voluntary work (as per my recollection & understanding) is not classed as work (in the context of treaty rights);
my understanding is, a person doing voluntary work may be considered as a self-sufficient qualified person if they have CSI

Regarding the 10-year route to the holy grail of ILR - it's not really my area.
Stand by for other members' advice on that question.

[aeun-flux]

My apologies beforehand if my reposting is being a nuisance, please bear with me , just wanted to update about a visit to a solicitor and wanted to know the facts through this forum as well.

I went to a solicitor today regarding my EEA Residence card ,about its extension and getting a EEA PR or other options. Was told that my application for EEA PR will be refused and I can only extend my RC.

My wife , an EEA national came in UK in Jan 2009, she got a job in July 2009 after few months of coming and going back to her country. She got her WRS card (which I think is not needed anymore) in 2010. In 2011 we got married and i got RC in mid 2011. from Nov 2011 till may 2012 she was unemployed and then she started self-employment from may which continued until late 2013, her self employed income was nil although she was regularly paying NI and whatnot. In the meantime she was doing voluntary work as well. She got a job in early 2014 which she is still continuing.
The solicitor told me that because her self employed income was nil she will not be able to apply for PR and subsequently me until 2018/19. My question is an income in self-employment is necessary? Solicitor said £10000 income is necessary for self-employment.

As well regarding my ILR, I am a non-EEA national came to this country in sept 2007, had my tier 4 extension in jan 2009 which was declined in jan 2010 and subsequently i won the tribunal case when it went there. I was not asked for passport from HO, we got fed up and around mid 2010 we applied for COA and got married in feb 2011. I was told by solicitor that I would not be able to apply for ILR. Please can anyone confirm this? what are the requirements of ILR? Because effectively in sept 2017 i will complete 10 years in the UK. Please can anyone shed some light on this ?

And finally whats the best course of action to take now !!, please help !!

[noajthan]

If wife is sponsor then nothing will count before 2009 if she didn't arrive in UK until 2009.
(If you are non-EEA you can't exercise treaty rights).

Due to gaps you have outlined (from 2009) it doesn't appear your sponsor/spouse's PR clock was really running until possibly 2011.
If so, earliest possible PR acquisition: 2016 - subject to cautions outlined above.

If you think spouse was exercising treaty rights before then, with no gaps, then suggest provide more details.

Or if sponsor's PR clock only started in 2012, earliest PR acquisition is: 2017.

That is if no real evidence of jobseeking or self-sufficiency (for which CSI would be required).

So spouse is not likely to have acquired PR yet and so you are not likely to have acquired PR via your sponsor just yet (all based on level of information you have provided).

In meantime, shoot for another optional RC if you need one.

As advised previously, suggest shoot for RC for now.

[aeun-flux]

Post by noajthan » Fri Apr 15, 2016 8:08 pm

noajthan wrote:
If wife is sponsor then nothing will count before 2009 if she didn't arrive in UK until 2009.
(If you are non-EEA you can't exercise treaty rights).

Due to gaps you have outlined (from 2009) it doesn't appear your sponsor/spouse's PR clock was really running until possibly 2011.
If so, earliest possible PR acquisition: 2016 - subject to cautions outlined above.

If you think spouse was exercising treaty rights before then, with no gaps, then suggest provide more details.

Or if sponsor's PR clock only started in 2012, earliest PR acquisition is: 2017.

That is if no real evidence of jobseeking or self-sufficiency (for which CSI would be required).

So spouse is not likely to have acquired PR yet and so you are not likely to have acquired PR via your sponsor just yet (all based on level of information you have provided).

In meantime, shoot for another optional RC if you need one.


As advised previously, suggest shoot for RC for now.

Thanks a lot noajthan. We will be shooting for the RC only.

as well, can anyone please shed some light on my ILR case. If i will be eligible next year.

[aeun-flux]

my apologies , to apply for an extension of EEA residence card but not Permanent residence, which form needs to be used. Please advice

[Richard W]

my apologies , to apply for an extension of EEA residence card but not Permanent residence, which form needs to be used. Please advice

There is no legal requirement as to which form should be used. There is no special form for applying for a second residence card as opposed to a permanent residence card.

The HO may prefer that you use EEA(FM) (I have no idea what the staff actually prefer to receive), but the usual recommendation is to use the old form EEA2.