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EU PR not qualified as maternity leave PLS HELLLP

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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go_head
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EU PR not qualified as maternity leave PLS HELLLP

Post by go_head » Tue Jul 31, 2018 8:04 pm

hi all
i am non eu fam member with residence card for 5 years have tow children British and Irish citizen ,
i applied on 24/may 2018 as non eu family member with my Irish wife for PR, we been married since 2011 and living in this country since 2012 , my EU wife was working most of time apart from some little time was jobe seeker and maternity leave for around 9 month , today we received a cll from HO case worker and he said our application was not successful as my wife not meet qualified person criteria when she was on maternity leave as it doesn't count , so he will transfer our case to other team to issue biometric residence card for another 5 years as certificate of registration , and we will be eligible for permanent residence around 2021 as my wife maternity was in 2016 .
is that right , so confused he just throw me for another 3 or 4 years ,
any help pls

sandy1988
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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by sandy1988 » Tue Jul 31, 2018 9:00 pm

sorry to hear this bro....can i ask you a question was your wife working before starting maternity leave Have she got any contract from company that she can join company again once maternity leave finished called ( cotract of employment) and will she returned to work

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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by go_head » Tue Jul 31, 2018 9:08 pm

sandy1988 wrote:
Tue Jul 31, 2018 9:00 pm
sorry to hear this bro....can i ask you a question was your wife working before starting maternity leave Have she got any contract from company that she can join company again once maternity leave finished called ( cotract of employment) and will she returned to work
Thanks for replay , she was self employed that time , they exactly treat her as staying out the country for more than six month , they start from zero after her maternity leave finished .

sandy1988
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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by sandy1988 » Wed Aug 01, 2018 8:52 pm

Thanks for reply you said they treating her exactly like she was out of country for six months was she in uk while maternity leave or out the country 12 months are allowed in maternity leave and your wife was self employed too she was register with hrmc its very strange in this way can you please post your refusal decision details what they exactly trying to say

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CR001
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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by CR001 » Wed Aug 01, 2018 8:58 pm

An Irish citizen does not need to apply for PR. They are considered settled in the UK from the date they arrive.

Irish citizens also don't need PR to apply for citizenship. They need 5 years residence only.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by go_head » Wed Aug 01, 2018 9:07 pm

CR001 wrote:
Wed Aug 01, 2018 8:58 pm
An Irish citizen does not need to apply for PR. They are considered settled in the UK from the date they arrive.

Irish citizens also don't need PR to apply for citizenship. They need 5 years residence only.
Thanks for your replay sir , they rang me again today and they said to my wife because she was on job seeker in 2013 for 8 month and maternity leave in 2016 for 8 month so all the period if above 6 month will not count , i know it may be strange but thats what they said , so they ask her if she want to accept certificate of registration for five years for both of us or refuse it , we had no choice we accept five years , they said will send it within 7 days .
any advice plz
thanks again for your time

go_head
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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by go_head » Wed Aug 01, 2018 9:15 pm

CR001 wrote:
Wed Aug 01, 2018 8:58 pm
An Irish citizen does not need to apply for PR. They are considered settled in the UK from the date they arrive.

Irish citizens also don't need PR to apply for citizenship. They need 5 years residence only.
sorry forget to mention she just apply for PR because i want to apply for PR as my residence will expire soon .

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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by Obie » Wed Aug 01, 2018 11:34 pm

They are not correct, if she is on maternity, that period can be used towards PR.
Seasons greetings to everyone and a prosperous 2020

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Re: EU PR not qualified as maternity leave PLS HELLLP

Post by silverman123 » Sun Aug 05, 2018 10:59 am

@go head.

Weldemichael and another (St Prix [2014] EUECJ C-507/12; effect ) [2015] UKUT 540 (IAC)

This case law may help you.

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