Applying for PR, 3 month gap in employment with job offer

Hello, I (EEA national) am planning to apply for PR for my wife (currently holding RC). I am not sure whether I can count my first year of employment, because there is a gap of 3 months between this first job and my next one. What happened was, I was applying for jobs when my fixed term contract was coming to an end, then I got offered a job around 1 week after my contract ended - but the start date for that job was 3 months later.

I did not register for jobseekers allowance or continue applying for jobs because I accepted this offer of a job that started in 3 months. I was actually very glad of this time off, and used it to have a rest, work on my own projects related to my career development (this didn't earn me any money), but also organise our move to another city.

Now I am wondering if this 3 month gap will mean that first years work cannot be counted as part of the five continuous years exercising treaty rights. These three months seem to fall somewhere between being a worker and a jobseeker, but I can't show evidence I was either - unless the job offer might be enough to show that I retained my worker status? Any thoughts on this?

RegularGuy11 wrote:Hello, I (EEA national) am planning to apply for PR for my wife (currently holding RC). I am not sure whether I can count my first year of employment, because there is a gap of 3 months between this first job and my next one. What happened was, I was applying for jobs when my fixed term contract was coming to an end, then I got offered a job around 1 week after my contract ended - but the start date for that job was 3 months later.

I did not register for jobseekers allowance or continue applying for jobs because I accepted this offer of a job that started in 3 months. I was actually very glad of this time off, and used it to have a rest, work on my own projects related to my career development (this didn't earn me any money), but also organise our move to another city.

Now I am wondering if this 3 month gap will mean that first years work cannot be counted as part of the five continuous years exercising treaty rights. These three months seem to fall somewhere between being a worker and a jobseeker, but I can't show evidence I was either - unless the job offer might be enough to show that I retained my worker status? Any thoughts on this?

That appears to be a gap during which you were not exercising treaty rights. So your PR clock would have stopped. Dead.

That is unless you had funds to live on and had CSI in place so that you could be classed as a selfsufficient qualified person.

noajthan wrote:That appears to be a gap during which you were not exercising treaty rights. So your PR clock would have stopped. Dead.

That is unless you had funds to live on and had CSI in place so that you could be classed as a selfsufficient qualified person.

Wow, that's interesting. It is mentioned that we need to live in the country for 5 years to get the PR but allows up to 6 months gaps yearly I think? Wouldn't that just count into the up to 6 months "allowance"?

Mostly replying to this thread because I'm also changing jobs in a months' time having a 7 day gap between them, does this mean I need to get CSI ASAP to cover that 7 day period?

Thanks.

Hioru wrote:

noajthan wrote:That appears to be a gap during which you were not exercising treaty rights. So your PR clock would have stopped. Dead.

That is unless you had funds to live on and had CSI in place so that you could be classed as a selfsufficient qualified person.

Wow, that's interesting. It is mentioned that we need to live in the country for 5 years to get the PR but allows up to 6 months gaps yearly I think? Wouldn't that just count into the up to 6 months "allowance"?

Mostly replying to this thread because I'm also changing jobs in a months' time having a 7 day gap between them, does this mean I need to get CSI ASAP to cover that 7 day period?

Thanks.

There is a significant difference between being abroad and sitting around in UK not exercising treaty rights.
This is shown by the different treatment under EU law.
Absence (within limits) does not break continuity of residence.
Not being a qualified person in UK does stop PR clock.

Short breaks between jobs may be discounted but "how short is short" is the $64,000 question. Not being 'on the inside' who can say.

How short is short indeed, I'm guessing 3 months is not short enough if already having accepted a job offer doesn't allow me to continue to be classed as a worker. I have a dated job offer letter if that helps, but it sounds unlikely.

Whereas presumably if I'd signed up for jobseekers allowance (and actually been a burden on the state, although a very light one) I'd be ok.

In practice I was actually still doing the previous job for a lot of this time, I knew my manager well and he'd let me take a big chunk of time off on the understanding I'd make it up after I was technically supposed to be finished - but that's not reflected in the letter from HR.

I had funds but no CSI during this time.

RegularGuy11 wrote: In practice I was actually still doing the previous job for a lot of this time, I knew my manager well and he'd let me take a big chunk of time off on the understanding I'd make it up after I was technically supposed to be finished - but that's not reflected in the letter from HR.

Well, if you were still working for that company and are on good terms with the manager, surely the HR could reflect that on v2 of the letter?

My impression is that HR departments would be unwilling to print out a letter with any dates other than whatever comes up on their system. Might be worth a try though.

If I found someone who was willing to take account of the mixed-around schedule and give me a letter to that effect, and then the HO calls to confirm what if they get someone else who looks up the system and gives the official dates? Could result in it looking like I'd forged the document?

RegularGuy11 wrote:My impression is that HR departments would be unwilling to print out a letter with any dates other than whatever comes up on their system. Might be worth a try though.

If I found someone who was willing to take account of the mixed-around schedule and give me a letter to that effect, and then the HO calls to confirm what if they get someone else who looks up the system and gives the official dates? Could result in it looking like I'd forged the document?

Yes it could.
Don't even go there.
You can't change history to make a good, clean story.

Hi, i was wondering if you managed to acquire PR with a 3 month gap? Thanks