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Help please - EEA3/4

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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ging-ging
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Location: Newcastle upon Tyne

Help please - EEA3/4

Post by ging-ging » Sun Aug 08, 2010 4:59 pm

Hello,
I am an EU citizen (Slovakia) with non-EU husband and would need advise regarding both of us.

I have been in the UK since March 2005 in employment, 1st year via WRS, then in April 2006 I was given my residency permit. As of March 2008 I have been first on maternity leave (for 1 full year), then on unpaid family leave looking after my children. I still have my employment and will return to full-time work this November.
My questions are:
When can I apply for PR? Does the WRS year count into the 5 years?
I have my payslips and P60s for the period of March 05 – Nov 08, but although I have been receiving payslips and P60s since Dec 08 as well, they are blank as I had no salary and therefore have not been paying any NI contributions nor taxes. Could this be a problem? I can easily get an employment letter confirming that my job is a permanent one, would this be enough?

My non-EU husband came to work to the UK (NHS) in 1999 on a permit-free working visa, which he had extended every 6 months a few times in following years. In 2004-5 he was on a student visa for 1 year, after that he was on work permit until our marriage in May 2006. In Nov 2006 he was given his 5 year residence card (due to expire Nov 2011).
We aren’t sure if he could get ILR already now or if he should wait till next May (5 years from our wedding) to apply for PR via the EEA-route? What would be the quickest way for him to get British citizenship?

I would appreciate any help.

Plum70
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Post by Plum70 » Sun Aug 08, 2010 7:09 pm

I believe you automatically attained PR in March 2010. Provided you can show that you are still fully employed you should still be classed as a 'worker'.

As for your husband, he will attain PR via the EU route in May 2011.

ging-ging
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Posts: 7
Joined: Mon Jan 19, 2009 4:03 pm
Location: Newcastle upon Tyne

Post by ging-ging » Mon Aug 09, 2010 12:05 pm

Last edited by ging-ging on Fri Aug 13, 2010 1:17 pm, edited 1 time in total.

coconutsforme
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Re: Help please - EEA3/4

Post by coconutsforme » Mon Aug 09, 2010 1:50 pm

ging-ging wrote:Hello,
I am an EU citizen (Slovakia) with non-EU husband and would need advise regarding both of us.

I have been in the UK since March 2005 in employment, 1st year via WRS, then in April 2006 I was given my residency permit. As of March 2008 I have been first on maternity leave (for 1 full year), then on unpaid family leave looking after my children. I still have my employment and will return to full-time work this November.
My questions are:
When can I apply for PR? Does the WRS year count into the 5 years?
I have my payslips and P60s for the period of March 05 – Nov 08, but although I have been receiving payslips and P60s since Dec 08 as well, they are blank as I had no salary and therefore have not been paying any NI contributions nor taxes. Could this be a problem? I can easily get an employment letter confirming that my job is a permanent one, would this be enough?

My non-EU husband came to work to the UK (NHS) in 1999 on a permit-free working visa, which he had extended every 6 months a few times in following years. In 2004-5 he was on a student visa for 1 year, after that he was on work permit until our marriage in May 2006. In Nov 2006 he was given his 5 year residence card (due to expire Nov 2011).
We aren’t sure if he could get ILR already now or if he should wait till next May (5 years from our wedding) to apply for PR via the EEA-route? What would be the quickest way for him to get British citizenship?

I would appreciate any help.
Your Husband will get his PR once You (EEA member) complete 5 years of exercising Treaty Rights. If HO accept your conditions, then your husband should qualify for PR automatically, regardless how long is his visa.

ging-ging
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Location: Newcastle upon Tyne

Post by ging-ging » Mon Aug 09, 2010 3:25 pm

But will HO accept my conditions and grant me PR? What about my unpaid leave? Has anyone been in a similar situation?

ging-ging
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Location: Newcastle upon Tyne

Post by ging-ging » Fri Aug 13, 2010 1:18 pm

Thank you Plum70.
How can I show my full employment? Only send them a letter from my employer and payslips/P60s from 2005-8 that do show my salary and exclude those that show 0? And if I do have to send those with 0 amount, will they not question the fact that I was not contributing to NI and taxes since Dec '08?

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