Permanent residence application question

[Saguzi]

Hello!

I have now lived in the UK for 5 years and would like to put together an application for permanent residence in the UK. I'd appreciate any help I can get helping me with a question about my application.

My details:
I'm non-EU, my wife is EU national. We've been living in the UK since Oct 2011.
My wife has been working in the UK since Nov 2011.
In June 2016 she became a full-time phd student. She is also employed by the university for 15% time as a research assistant since June 2016 which equates to roughly 5.5 hrs per week. Thus in addition to receiving her phd stipend she also receives income from her employment. I believe she is still contributing towards national insurance.
We do not have 'comprehensive health insurance'.

My question:
In my application do we both need comprehensive health insurance from June 2016 (because she is a student) or does she still qualify as a 'worker' and therefore we both do not need health insurance?


Thank you for your help!
Tony

[noajthan]

Yes, CSI required as sponsor appears to be a student rather than a worker qualified person because the work appears to be marginal and supplementary to studies.
Yes, since June (or PR clock will have stopped).

[Saguzi]

thank you! That is what I've been worried about. Best get that PR clock started again! Joys!

[noajthan]

thank you! That is what I've been worried about. Best get that PR clock started again! Joys!

Unfortunately the challenge you will face is that PR clock will have been reset to zero.

[Saguzi]

I've just read the European Economic Area nationals qualified persons version 3.0 Valid from 7 April 2015.

On page 15 there is a section on retaining worker status which suggests if you have voluntarily become unemployed and taken up vocation training related to your previous work then you can still be classed as a worker.

Does this relate to my wife's position?
She has worked at the university for 4 years as a research associate and in June 2016 voluntarily chose to do the research work as a phd student in the same department as before but not as a staff member. This was because it was an opportunity to get a phd. ie, to complete her academic training.

Does this count as voluntarily 'stopped working to start vocational training related to their previous
employment' and therefore qualify as retaining 'worker' status?

In addition: the 15% work is on the same project as her phd, in the role of project coordinator.

[noajthan]

I've just read the European Economic Area nationals qualified persons version 3.0 Valid from 7 April 2015.

On page 15 there is a section on retaining worker status which suggests if you have voluntarily become unemployed and taken up vocation training related to your previous work then you can still be classed as a worker.

Does this relate to my wife's position?
She has worked at the university for 4 years as a research associate and in June 2016 voluntarily chose to do the research work as a phd student in the same department as before but not as a staff member. This was because it was an opportunity to get a phd. ie, to complete her academic training.

Does this count as voluntarily 'stopped working to start vocational training related to their previous
employment' and therefore qualify as retaining 'worker' status?

In addition: the 15% work is on the same project as her phd, in the role of project coordinator.

Unclear if a PhD activity (research work) will be considered vocational training by HO caseworker.
Try. You risk only £65--