EEA & NON-EEA 9 YEARS RELATIONSHIP NO (PERMANENT RESIDEN

[lego ninjago]

Hi!
I am from Poland.Last 9 years I live in UK with my child (born here) and Indian husband. I started work in 2005 on July to February 2007. I made WRS for this job. Unfortunately I had a break in employment. I was house wife for 14 months, so I did not met criteria of working continuesly for 5 years. Next job was not registered in Home Office and another also. I read in this forum that WRS was must for every job which I started. So up to 30th of April 2011 my working period not will be counted for PR? I thought to apply in January 2014, because it will be 5 years of continuesly working period ( January2009 -January 2014). I have job contracts, payslips, P45, P60, prove of public funds like CTC,WTC, Housing Benefit ( no job seekers benefits in my UK life), marriage certificate from India(there was the marriage). My husband also work all the time, so he was paid Insurance Contributions and Taxes. If I can apply from January 2014 for PR, so from when? We expecting His second resident document from Home Office but 8 months finished and HO not send yet answer.
If someone can give me advice I am thankful for that.
Sometimes professionals making huge mistakes( I am writing because solicitor almost let us send documents to HO for PR than in last minute she called no to send, because of my gap in employment. )

[sheraz7]

Hi!
I am from Poland.Last 9 years I live in UK with my child (born here) and Indian husband. I started work in 2005 on July to February 2007. I made WRS for this job. Unfortunately I had a break in employment. I was house wife for 14 months, so I did not met criteria of working continuesly for 5 years. Next job was not registered in Home Office and another also. I read in this forum that WRS was must for every job which I started. So up to 30th of April 2011 my working period not will be counted for PR? I thought to apply in January 2014, because it will be 5 years of continuesly working period ( January2009 -January 2014). I have job contracts, payslips, P45, P60, prove of public funds like CTC,WTC, Housing Benefit ( no job seekers benefits in my UK life), marriage certificate from India(there was the marriage). My husband also work all the time, so he was paid Insurance Contributions and Taxes. If I can apply from January 2014 for PR, so from when? We expecting His second resident document from Home Office but 8 months finished and HO not send yet answer.
If someone can give me advice I am thankful for that.
Sometimes professionals making huge mistakes( I am writing because solicitor almost let us send documents to HO for PR than in last minute she called no to send, because of my gap in employment. )

According to WRS scheme an A8 national worker had to register with this scheme and needed to complete their first 12 months under this scheme. And once these 12 months under this scheme had been passed then A8 national worker freed from this requirement which must be your case since you already worked between 2005-2007 and registered with WRS too. But you have 14 months gap which can only be covered if you can be able to become self sufficient either on your savings or non-eu partner income but it required private health insurance.

[yoshi_jp]

I've sorted out my Polish wife's EEA3 application recently. As far as I remember, WRS was only applicable for the first 12-month period of lawful employment.

The Accession (Immigration and Worker Registration) Regulations 2004

http://www.legislation.gov.uk/uksi/2004 ... art/1/made

" A national of a relevant accession State who legally works in the United Kingdom without interruption for a period of 12 months falling partly or wholly after 30th April 2004 shall cease to be an accession State worker requiring registration at the end of that period of 12 months."

So, I think you don't have to worry about your WRS, and your clock started ticking when your unemployment ended.

[lego ninjago]

Thank You for your valuable advices.
I haven't got enough knowledge, please help me more in this matter asap.

1. DO I understand my second job (started from January 2009 to 2011) and third without WRS will be counted for the PR? Yoshi you said my clock started ticking after my unemployment (that gave me hope).
2.WRS -12 months uninterrupting employment, but I had Maternity Allowance from Department For Work & Pensions applied via job centre plus for 6 months so the payment was not from employer. Employer didnt want to pay as I didn't work for company long enough, but after the maternity I was back to the this same employer and continued till February 2007. Is it going to affect starting 12 months of WRS?
3.The 14 months gap in employment was not covered fully by us. We were not self sufficient at all. We haven't got private insurance.
4. We applied for Resident Permit in 2012 February for my Indian husband. First application rejected in 23 of July 2012. Not enough evidence of public funds & employer letter - Tax Credit, Housing Benefit. That were showing clearly in the bank statement which enclosed with the application, so I haven't provided any documents from HRMC showing benefits.
Second application which is submitted 8 months back was totally different documents to the first application. The differences are in employment.
circumstances changed at the time of second application made, i was working 16hrs with different company and my husband self employed.
5.another thing my husband's ten years passport expired after the rejection, he applied with new passport that was valid only for one year that also got expired in their presence.
now i am not sure what's is going to happen with my husband's second application made for re-newal of residence permit.
please advice me in this matter asap.
kind regards

[yoshi_jp]

> 1. DO I understand my second job (started from January 2009 to 2011) and third without WRS will be counted for the PR?

Yes, provided that you were legally employed for the first 12 months under the WRS, and:

> 2.WRS -12 months uninterrupting employment, but I had Maternity Allowance from Department For Work & Pensions applied via job centre plus for 6 months so the payment was not from employer.

http://www.maternityaction.org.uk/siteb ... nglish.pdf

As I understand, maternity allowance is not a public fund, so it doesn't matter.

However, I'd never been entitled to any public funds in this country until I got married to my other half from Gorzow Wlkp fairly recently, so I am not the most enlightened person to talk about it!

> 3.The 14 months gap in employment was not covered fully by us. We were not self sufficient at all. We haven't got private insurance.

Thus, you need to spend five years legally in the UK from the end of that gap.

> 4. We applied for Resident Permit in 2012 February for my Indian husband.

My understanding is that the nature of your husband's stay in the UK does not matter. What matters is your activities i.e. you'll have to have spent 5 years as a qualified person in the UK.

> 5.another thing my husband's ten years passport expired after the rejection, he applied with new passport that was valid only for one year that also got expired in their presence.

If the passport expires during the application process, a stand-alone Immigration Status Document, which is just an A4 sheet of paper, will be issued with a residence card (i.e. just a sticker) placed on it.

Actually, that's what I received two days ago!

[lego ninjago]

thank you once again yoshi.

1. next year jan 2014 onwards i can apply for permanent residence.
under five years contineousely working and exercising treaty rights ie ; from ( jan 2009 to jan 2014 ).

2. what about my husband case when he can apply for permanent residence.

3. what will happen if he is granted resident permit for five years do he still need to wait untill the visa expiry date.

4. my husband in UK ( 12 years + 5 years ) resident permit if granted total will be 17 years to get the PR.

5. any other way to get his PR sorted at the same time next year - jan 2014 ( when me & my 7 years kid apply ).

6. if one in the family gets PR is that enough to apply british citizenship for my son.

7. british citizenship when can i apply for my son.

please advice me in this matter asap.

kind regards
lego ninjago

[yoshi_jp]

> 1. next year jan 2014 onwards i can apply for permanent residence.
under five years contineousely working and exercising treaty rights ie ; from ( jan 2009 to jan 2014 ).

As I understand, yes.

> 2. what about my husband case when he can apply for permanent residence.

Provided that he satisfies other conditions, such as the number of days spent outside the UK, I think he can apply for it at the same time.

> 3. what will happen if he is granted resident permit for five years do he still need to wait until the visa expiry date.

Not at all. The residence card/document given as per the EEA Directive is not a visa or permit, but just a document that certifies the right of free movement that has arisen automatically from his marriage to you.

> 6. if one in the family gets PR is that enough to apply british citizenship for my son.
> 7. british citizenship when can i apply for my son.

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

"If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981."