Permanent resident- part time

Hi , does anyone know if I can apply for permanent resident card if I am working only 1 day a week (have 2 small children to look after, before i was working full time) Both children and a husband are British passport holders, born in uk. I am receiving only a child benefit. I called HO but received 2 different answers ....i am confused.... Can anyone please answer if i can apply? Thank You

anya755 wrote:Hi , does anyone know if I can apply for permanent resident card if I am working only 1 day a week (have 2 small children to look after, before i was working full time) Both children and a husband are British passport holders, born in uk. I am receiving only a child benefit. I called HO but received 2 different answers ....i am confused.... Can anyone please answer if i can apply? Thank You

What is your nationality?
How long have you worked just one day a week?
Do you have CSI (health insurance)?

EU law doesn't specify hours or pay however work has to be genuine and effective (not supplementary and marginal).

And UK, somewhat controversially, tends to
apply their MET/PET test to determine if someone is a worker (despite this being at odds with EU law).

I am Polish, and i am working for the same company for over 9 years (last 5 years part time-1 day), i am just worried that the amount i am earning maybe not enough. on the other side i don't pay any bills. Husband does I don't have any health insurance.

anya755 wrote:I am Polish, and i am working for the same company for over 9 years (last 5 years part time-1 day), i am just worried that the amount i am earning maybe not enough. on the other side i don't pay any bills. Husband does

So in UK from around 2007.
If you registered for WRS and have good, if not unimpeachable, documentary supporting evidence to back your case you may be in with a shot (despite the minimal hours in year 4 of 5).

Have you had any prolonged absences from UK or taken maternity leave?

noajthan.. in uk since april 2004,i have been in uk previously for 12 month in 1998 working as a volunteer, i have document from police from this time (green book), but teh lady from HO said dont include this date as a coming date to uk, but i can mention this in cover letter attached to apilcation. all my days outside the uk are not more than 30 days per year. and yes, i have been twice on maternity leave, every time 12 months then i was back to work, but only for 1 day a week. i was planning to apply for PR by sponsor(my British husband), but have been told, that because he is receiving working tax credit and child tax credit - he cannot be my sponsor. on the other side he is a home owner so i don't know what to do. I would like to apply by myself. also never knew about WRS number, sadly no one ask me for that (even my employer for 9 years- and that's quiet big company) . again have been told by HO that i can apply without this WRS number after 1 of may. thank you for your help

anya755 wrote:noajthan.. in uk since april 2004,i have been in uk previously for 12 month in 1998 working as a volunteer, i have document from police from this time (green book), but teh lady from HO said dont include this date as a coming date to uk, but i can mention this in cover letter attached to apilcation. all my days outside the uk are not more than 30 days per year. and yes, i have been twice on maternity leave, every time 12 months then i was back to work, but only for 1 day a week. i was planning to apply for PR by sponsor(my British husband), but have been told, that because he is receiving working tax credit and child tax credit - he cannot be my sponsor. on the other side he is a home owner so i don't know what to do. I would like to apply by myself. also never knew about WRS number, sadly no one ask me for that (even my employer for 9 years- and that's quiet big company) . again have been told by HO that i can apply without this WRS number after 1 of may. thank you for your help

Sadly hubby cannot sponsor you if he's British.
You will have to apply in own right.

Unfortunately, if a worker but not registered for WRS, your PR clock will NOT have started until May 2011.
So you won't acquire PR before next month.

Did you do anything else but work since 2004?
eg study?

Your absences are fine.

Maternity leave is also fine, you should be able to claim 'retained worker status' for those periods.
When were they? after 2011?

Once you have your confirmation of PR you can shoot directly for privilege of citizenship assuming all requirements for naturalisation have been/can be met.
That's one benefit (in immigration terms) of a BC spouse.

Thank you , i am only worry if they see my P60 's and amount per year. Do you think that receiving the Child benefit can be a problem? thanks in advance

anya755 wrote:Thank you , i am only worry if they see my P60 's and amount per year. Do you think that receiving the Child benefit can be a problem? thanks in advance

If you have some years at full salary it may be accepted.
HO do tend to play hardball on this though. So be prepared for all eventualities, including possible refusal &/or an appeal if HO take it to the wire

Who received CB, you or hubby?

What about any period of study?
Dates of maternity leave?

I am receiving CB, I don't have any years of study, my maternity leave were 2009/10 and 2012/13 . since march 2011 I started working only 1 day per week, but as far as i know everyone is entitled to CB regardless of earnings, sometimes when calling to HO they are sometimes giving different information about the same matter.

anya755 wrote:I am receiving CB, I don't have any years of study, my maternity leave were 2009/10 and 2012/13 . since march 2011 I started working only 1 day per week, but as far as i know everyone is entitled to CB regardless of earnings, sometimes when calling to HO they are sometimes giving different information about the same matter.

If it has started at all your PR clock will have started in mid-2011 (after WRS scheme was terminated).

So you have had one period of maternity leave in that time.
You would have to make the case that you retained worker status whilst on maternity leave.

It all depends how HO rates your work and whether they see it as 'genuine and effective' (as per EU law).
If they do not you may find you have not yet acquired PR.

In that case, your best bet, in order to to ensure you are exercising treaty rights and have a right to reside and work in UK, might be as a self-sufficient qualified person;
you would need health insurance (CSI) in place plus support from other means (eg spouse).
You could then acquire PR in (or after) 2021.

Thanks for that noajthan, i though my case is not so complicated, I don't understand why my husband can't be a sponsor being British? Looks like mothers staying home to bring up a children are disqualified, In my example i can't work full time because employing a nanny is expensive. I am just getting headache from all of this. I will apply for PR after summer and I will see, if not I may just leave it. thanks again for your help.

I forgot to say that i have all my P60's and a letter from an employer saying that i was working for them for last 9 years to present.

anya755 wrote:Thanks for that noajthan, i though my case is not so complicated, I don't understand why my husband can't be a sponsor being British? Looks like mothers staying home to bring up a children are disqualified, In my example i can't work full time because employing a nanny is expensive. I am just getting headache from all of this. I will apply for PR after summer and I will see, if not I may just leave it. thanks again for your help.

A British husband is not considered to be an EEA national so cannot sponsor you.

Strictly speaking those EEA mothers bringing up children need to have self-sufficient status in order to maintain their right to reside under EU migration route.

This is why, if HO don't recognise your work as being genuine and effective (and turn down your application to confirm PR), I've suggested its advisable to switch to being a self-sufficient qualified person;

don't just leave it - that will mean that you have no basis to be in UK.

As a self-sufficient person (with CSI) you can ensure your rights to reside, work (& study) in UK are maintained; (assuming no Brexit ofcourse).

Believe it or not I am self sufficient at the moment, working just once a week. (I receive only CB but I don't have a CSI )We don't have to pay rent and my hubby just pays the bills. I work as a customer service representative so I don't know if that's genuine and effective by HO. I could stay home but I like my work and the feeling that I am working, even if I can do 1day. Thanks

anya755 wrote:Believe it or not I am self sufficient at the moment, working just once a week. (I receive only CB but I don't have a CSI )We don't have to pay rent and my hubby just pays the bills. I work as a customer service representative so I don't know if that's genuine and effective by HO. I could stay home but I like my work and the feeling that I am working, even if I can do 1day. Thanks

I didn't mean self-sufficient in a literal sense I mean in the context of exercising treaty rights.
By simply getting CSI you will then become a self-sufficient qualified person & under, current regulations, would not then be invited to leave.

Hi I received my PR card. Time to start application for naturalisation. Thanks

anya755 wrote:Hi I received my PR card. Time to start application for naturalisation. Thanks

Congratulations.
Your dogged perseverance has paid off.

) Thank you.

Now my worry is, that my application for naturalizations could be rejected if HO will count working without WRS as breaking immigration law. Can you please advise me?

anya755 wrote:Now my worry is, that my application for naturalizations could be rejected if HO will count working without WRS as breaking immigration law. Can you please advise me?

No, as reported by recent member it is unlikely that will happen.

See http://www.immigrationboards.com/britis ... s#p1447221

Thank you

Hi
Just to let you know, that I received my British passport in June this year. Lots of preparation,but it was worth it.
Thank you