3 months no job

Ok thank you for the reply, i will provide the evidence, i just want to mske sure thay the 2006 amendments is the one apply on him not the new one....
Do u think i have the chance to get my pr with this matter if i provide the evidence
Thank you.

arleneauray wrote:Ok thank you for the reply....
Do u think i have the chance to get my pr with this matter if i provide the evidence
Thank you.

From all I read above, I think your case falls in grey area, subject to Home office case worker's interpretation and discretion. I think other people above have already given the best suggestion. They are saying you have chance but not certain (so you can certainly try). I don't think anyone here can give you a sure answer that you are looking for, but Home Office itself.

It seems to me the worst scenario is to appeal or apply a second RC.

However, that's only my opinion.

noajthan, do we have any feedback on whether the HO is applying the 2013-2014 amendment(s) retrospectively?

rooibos wrote:noajthan, do we have any feedback on whether the HO is applying the 2013-2014 amendment(s) retrospectively?

rooibos,
I do not know about that.

However I note in this document, about Jobseekers and retention of ‘worker’ status, the statement:

This applies to all decisions made on or after 01 January 2014

https://www.gov.uk/government/uploads/s ... dacted.pdf

Thank you moderators esp noajhan....

Hi sorry i just have one last query, in 2006 amendments does that mean aslong as you worked for at least a year they still classed you as qualified person even you didnt sign in job seeker?

Hi can someone help me pls, i been told that most likely i can apply for pr mid of aug next yr, the problem im facing is my visa will expire april next yr. Has anybody can advice me on this as i dont want to be illegal,

rooibos wrote:
This was amended in 2014:

(7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph (1)(a), for longer than six months unless he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged.”

IMHO it is yet to be seen how they would interpret the amendment.
But don't quote me on that; I'm in the same boat as the OP.

In 2014 the UK changed their defination of what a worker is, which now requires EU citizens to earn a minimum earnings threshold so that they pay their weekly NICs.

With this in mind, to me your quote reads that if they are not earning the MET then they are not a worker qualified person and they can't be a jobseeker qualified person (with proof they were looking for work) for longer than 6 months.

Petaltop wrote:In 2014 the UK changed their defination of what a worker is, which now requires EU citizens to earn a minimum earnings threshold so that they pay their weekly NICs.With this in mind, to me your quote reads that if they are not earning the MET then they are not a worker qualified person and they can't be a jobseeker qualified person (with proof they were looking for work) for longer than 6 months.

On closer analysis, that seems to be a specifically DWP rule that applies to specific benefits and may not apply to Home Office matters such as acquisition of PR.

arleneauray wrote:Hi can someone help me pls, i been told that most likely i can apply for pr mid of aug next yr, the problem im facing is my visa will expire april next yr. Has anybody can advice me on this as i dont want to be illegal,

If you are actually talking about your RC that is not a visa.
You will not be 'illegal' when the card expiry is reached (because it's not a visa).

Your status (rights & residency) in UK depends on your husband continuing to exercise treaty rights in UK as a qualified person (for example. as a worker);
- for as long as you are married you are his dependent family member.

A RC does not grant your status in UK it simply confirms it for anyone who wants to know.

If you need a RC (for example to show to an employer) you can apply for another one next year but it is optional to hold a RC.

Hope that can reassure you.

Ok thanks to all moderators esp noajhan, i understand clearly now.