Breaks in qualifying period for Permanent Residence

[ukstorm1]

Hello, kind people of forum!
Straight to the point:
I'm non-EEA got RCard in June 2010. My wife EEA national worked from march 2006 till January 2009. From that moment until February 2010 she was on Maternity Leave ( i presume it counts as employment). At the end of it she became pregnant with our second child, so she decided to stop working. In September 2010 our second son born.
My wife's qualifying period finished in March 2011. During this period we didn't get any benefit exept Child Benefit and Child Tax credit (since march 2010)
So, the question is: Does my wife qualified for PR?

[Obie]

So far as the law stands, your wife don't qualify for Permanent Residence, as he period of employment breaks, when she did not return to work after her maternity leave.

Yes she was pregnant, and on maternity leave. After this period she quitted work, therefore it could not be said, that she worked continuously.

This matter is currently before the European Court of Justice, and awaiting judgement. However the judgement in Dias indicates that a time outside maternity leave, when someone was taking care of a baby does not count as a qualifying period.

[ukstorm1]

Thanks for reply.
So as far as I understand, there is no exuses for pregnant women.
Just the thoughts, but how woman can carry on working if she is pregnant and stop working because of potential danger to child and herself.?(esspecially if it's difficult pregnancy)
And after child's birth, UKBA expect her to start working straight away.
Is those 21st century rules? I don't think so.
Nonsence.
Thanks to everyone.

[Mark.Boats]

Thanks for reply.
So as far as I understand, there is no exuses for pregnant women.

There are exceptions for people who choose to have a child and they can take one year out of the qualifying period without it affecting their eligibility.

Your wife has taken her allowed year as maternity leave for your first child. After that she has chosen to stop working and have another child, so she no longer meets the requirements.

These rules are pretty clearly laid out, if you needed to qualify for permanent residence why did you choose to not follow them?

[EUsmileWEallsmile]

@ukstorm1, I can understand your frustration.

Some of the following may not be relevant for your past situation, so might not help you now, but it should be useful to know for the future.

Your wife could have been considered to be self-sufficient relying on your income, but she would have required comprehensive sickness insurance for herself and family members.

With regards to pregnancy, childbirth and employment, if she remained with her employer she would have retained status of worker. If she had to give up work involuntarily, she would also have retained status of worker.

This can all be a little complicated. Without knowing your wife's precise circumstances, it is difficult to comment.

[Jambo]

Thanks for reply.
So as far as I understand, there is no exuses for pregnant women.
Just the thoughts, but how woman can carry on working if she is pregnant and stop working because of potential danger to child and herself.?(esspecially if it's difficult pregnancy)
And after child's birth, UKBA expect her to start working straight away.
Is those 21st century rules? I don't think so.
Nonsence.
Thanks to everyone.

As said, you don't need to work in order to exercise treaty rights. You can be self sufficient but then the HO expects you to hold private health insurance to cover the EEA national and his family members

[ukstorm1]

Thanks for replies, my dear friends.
Helpfull information, but I wish we knew it before...
Still, here are the facts:
March 2006: start working.
February 2009 - February 2010: maternity leave.
February 2010: found out pregnant with second child.
September 2010: second child born.
March 2011: end of qualifying period.
The only reason my wife gave up work is our local nursery quoted us £1400/month.
I don't see she is qualified, but may be there are some loopholes?
Thanks

[Jambo]

The European Commission is in disagreement with the HO on the requirement of CSI in the UK (for students/self sufficient). If in future, the HO would change the policy and requirements, she might be able to apply.

[EUsmileWEallsmile]

Thanks for replies, my dear friends.
Helpfull information, but I wish we knew it before...
Still, here are the facts:
March 2006: start working.
February 2009 - February 2010: maternity leave.
February 2010: found out pregnant with second child.
September 2010: second child born.
March 2011: end of qualifying period.
The only reason my wife gave up work is our local nursery quoted us £1400/month.
I don't see she is qualified, but may be there are some loopholes?
Thanks

When exactly did she stop being employed? What were the circumstances, did she resign?

[ukstorm1]

Thanks for replies, my dear friends.
Helpfull information, but I wish we knew it before...
Still, here are the facts:
March 2006: start working.
February 2009 - February 2010: maternity leave.
February 2010: found out pregnant with second child.
September 2010: second child born.
March 2011: end of qualifying period.
The only reason my wife gave up work is our local nursery quoted us £1400/month.
I don't see she is qualified, but may be there are some loopholes?
Thanks

When exactly did she stop being employed? What were the circumstances, did she resign?

Thanks for trying to help me out.
She stoped being employed 20th of February 2010. Voluntary. because it was easier (and cheaper) to stay at home to look after our older son( and being pregnant) than work and pay for childcare(£1400/month).Once again- we never applied for any benefits, at all, that time.

We are considering 2 options now:
- we are going to buy CSI for all of us ( 2 adults +2 kids). Got a feeling it'll cost a fortune;
- register my wife as self-employed to provide something (havn't decided yet).probably 4-5 hours/week
By the way I'm permanently employed(contract)
What do you think?
Thanks

[Obie]

As i stated from the outset, your wife and your whole family do not qualify for Permanent Residence. As much as it pains me to say this, that is the basic fact, and i will be rather shocked if your were able to secure PR in the circumstance your mentioned in your original post.

Your wife had the option of returning to work after her 1 Maternity leave ended, and taking another any time after the 20th Week of her pregnancy.
Unfortunately she choose not not, for reason i perfectly understand.

The problem is she voluntarily left, without the family obtaining a CSI.

The consequence of this is that your residence clock restarts again.

[EUsmileWEallsmile]

@ukstorm1, I am sorry, but as things stand, I don't see how you might be able to secure PR in the circumstances you describe.