EU national applying for PR few questions

[handy.cz]

Hello everyone,

I have a few questions about applying for permanent residence document.

I am Czech national, came to UK at 2009. I worked as an aupair for the first 3 years, 2009-2012. Would that count as employment (applying as qualified person)? I didnt pay comprehensive sickness insurance, I had never heard about it before looking at PR application form! I had travel insurance from Czech republic, covering the stay in the UK though...

2012-2015 I was employed. I have no p45 or final payslips from my last job though as my managers messed it up and sent them to the wrong address.. So I am not sure how to prove when I finished in that job, I am not sure if that can be a problem? The wages would be shown on bank statements obviously.

I am married to a British citizen, and we have a child. In March 2015 (after maternity leave) I left my job to stay home with my daugher, so if I understand it all well, I cannot apply as qualified person for the period 3/2015 - present. Again, I dont pay the sickness insurance as I had no idea... Can I apply as self sufficient person anyway (i have savings and my husband's support) or should I apply as the family member of EU member (british husband). Do I need to pay the comprehensive sickness insurance when applying as family member?

Would I be able to qualify for the PR at all?
to sum it up
2009-2012 aupair, travel insurance, no CSI
2012-2015 employed
2015-present, staying at home mum, no CSI

Do I have any chance to get the PR document? Thanks.

[noajthan]

Workers don't need CSI.

Work needs to be 'genuine & effective' not 'marginal & supplemental'.

In EU law there's no hard & fast requirements but HO, somewhat controversially, applies their 'MET' test.

You will need good documentary evidence from all of your 5 years as a qualified person.

Your employer losing docs hasn't helped you here.
You could contact HMRC for your tax/NI records.

As a homemaker you can be classed as a qualified person if you had CSI at the time.
As its a type of insurance it can't be backdated.

Unfortunately, lack of CSI may have stopped your PR clock from 2015 as a homemaker.

However, maybe you can retain your Worker status by being on maternity leave from early 2015.
Suggest you dig into that.

Note your BC husband doesn't count as an EEA national so he cannot sponsor you under EU
rules. (You are not his family member).

It seems your evidence is a little patchy.
You may make a case from @2009/10 - 2014/15.
But it may be your supporting docs are not good enough.

Contact HMRC for the tax/NI records.

Suggest collate all evidence.
Try filling in form.
See how it all shapes up.

[handy.cz]

Thank you for your reply. My husband is eligible for an italian passport. If he obtained this, would he then be able to sponsor me as an EEA national?
Just to clarify as an aupair in 2009-12 i never had a contract, or pay slips, as aupairs don't pay insurance and get rather 'Pocket money' than wages so do you think that would be good enough if the host family ('employer') writes me confirmation letter that i worked for them?

[Casa]

Thank you for your reply. My husband is eligible for an italian passport. If he obtained this, would he then be able to sponsor me as an EEA national?
Just to clarify as an aupair in 2009-12 i never had a contract, or pay slips, as aupairs don't pay insurance and get rather 'Pocket money' than wages so do you think that would be good enough if the host family ('employer') writes me confirmation letter that i worked for them?

Your husband can't sponsor you through his Italian nationality as for immigration purposes he is only considered to be British. Your au pair employment won't qualify as employment as it appears from your post that you weren't classed as a worker or an employee during your time with the family. This link explains:
https://www.gov.uk/au-pairs-employment-law/au-pairs

[noajthan]

Thank you for your reply. My husband is eligible for an italian passport. If he obtained this, would he then be able to sponsor me as an EEA national?
Just to clarify as an aupair in 2009-12 i never had a contract, or pay slips, as aupairs don't pay insurance and get rather 'Pocket money' than wages so do you think that would be good enough if the host family ('employer') writes me confirmation letter that i worked for them?

No it won't help, your husband will only be treated as a BC in UK (even if he is a dual/EEA national).

Your work & time as an au pair may not pass the 'genuine & effective' criteria for work then.

You need to have evidence of a clear 5-year continuous period of exercising treaty rights.

Your best bet may be to get some CSI in place and that will put you back on the path of a 'self-sufficient' qualified person.
As you also mention you have difficulty with records from your later employer too, your PR clock may well have to run another 5 years before you acquire PR.

[handy.cz]

Thank you both for your replies. It seems I'll have to wait long time before i can apply.

I'd like to know one more thing. If we were going to get a life insurance & critical illness cover, would that be sufficient?

[noajthan]

Thank you both for your replies. It seems I'll have to wait long time before i can apply.

I'd like to know one more thing. If we were going to get a life insurance & critical illness cover, would that be sufficient?

CSI is comprehensive sickness insurance.
It is a different kind of policy from life insurance &/or critical illness cover.