EEA3 Tricky query . Am I regarded a WORKER or self-suffic?

Hi,

I am intending to apply for permanent residence on an EEA3 form. I am a Czech national, came to the UK in 2001, but technically have proof of legal residence from 2003 when I studied at a college. Then for the past 5 years:

June/2004-2005
Worked as a carer for a private individual, have got the P60/P45 to prove etc;

2005- November/2007
Worked as a carer for another private individual and have P60s and payslips to prove it;

November/2007- October/2008
Is a tricky gap for which I really need advice. You see, I got married in March 2007 and we decided to go travelling in Nov.2007 till around April 2008 for 4.5 months.

Then, I came back to the UK to look for work, but went travelling again from July 2008 till August 2008 for another 1 month. Total 5.5 months out of the country.

Upon my return in August 2008, I started to look for work again and found employment in October 2008, which lasted for about a month, as the poor chap I had been looking after passed away. Thus, in November I applied for more places and finally found my current employment which officially commenced in February 2009.

My queries are as follows:
1) Throughout the whole period of my stay in the UK from June/2004 till present I consider myself as being a WORKER for the purposes of the Treaty;
Is that correct?
I wouldn't want to be regarded self-sufficient as I don't have a sickness insurance at all, neither now or for the past.

2) I did not have a comprehensive sickness insurance for the period when I was not working, however:
In MY OPINION
a) Nor was I obliged to have one, as I regarded myself as a WORKER and was simply having a break from work/ genuinely looking for work/ out of the country for the period of unemployment;
b) Moreover, the absence of the insurance in itself cannot prevent the Home Office from granting the residence, as the idea behind having one was to prevent people from becoming unnecessary burden on the society, and I have NEVER claimed anything!
What do YOU think?

3) I can prove my absence from the UK through the stamps in my passport;

4) What should I do if the case worker tells me that I am not eligible for a permanent residence for whatever reason? What are my options? And on what grounds could they do so?

5) What should I put down as the period from Nov/2007 till my next employment which only started in October 2008? It's almost 12 months, shall I just point out that I was out of the country for almost half a year and was not obliged to have a sickness insurance and moreover didn't lose my residence entitlement? And then, upon my return, I was actively seeking employment so still in the WORKER category?

I would REALLY appreciate your input. Many thanks!!!

A problem that I see is that you have been out of work for about a year. A job seeker is still considered a worker for periods of up to six months, maybe longer if there is a genuine chance of finding a job. But you have spent this time travelling. Have you been registered as unemployed?

The stamps in your passport may proof that you had been at a certain border control at a certain time but you could just as well have spent some more time in other EEA countries from which you wouldn't get a stamp. The real question is if you can prove residence during this time.

Thank you for replying. I did not register as unemployed, was not aware that I was required to do so. I guess I could prove residence through the bank statements- money going in and out. How else could I?
Also, the second time my wife did not come with me, so she could give a statement to this effect. Or just provide her employment details for the period when I wasn't working?

What are my options? Will the application be simply rejected and on what basis, what will they say? It seems unfair and doesn't make sense that workers should be enslaved for a continuous period of 5 years, and any deviation from this route may give rise to the loss of the right? I don't think it's fair. Travelling is just one part of recovering from the stressful job I was in.

86ti wrote:A problem that I see is that you have been out of work for about a year. A job seeker is still considered a worker for periods of up to six months, maybe longer if there is a genuine chance of finding a job. But you have spent this time travelling. Have you been registered as unemployed?

The stamps in your passport may proof that you had been at a certain border control at a certain time but you could just as well have spent some more time in other EEA countries from which you wouldn't get a stamp. The real question is if you can prove residence during this time.

Also, let's assume that I was self-sufficient at the time, i.e. was simply in the country. How can the lack of comprehensive insurance impede my application? I did not claim anything, at the end of the day, so, as I already mentioned, the insurance itself shouldn't be a pre-condition for a successful application?
Is there a law anywhere to this effect?

I do not know how HO would see your case. I just wanted to point out a few problem spots that you may have to work on. In principle you can stay outside the UK for up to six months but if that would also be still true if you gave up your accomodation, I can't tell.

Thanks for replying!!!

I did not give up the accommodation and my wife and I lived there since 2006. I hope that EU principle of proportionality would weigh over any arguments against minor obstacles I'm facing.

I guess it may become protracted with correspondence between myself and the HO to prove my entitlement.

Thanks again for your input and it's a shame I can't find any precedent on this point.

datuchi wrote:I did not give up the accommodation and my wife and I lived there since 2006.

Do you have utility bills, a rental contract or the council tax in your name? The HO would most likely ask for such documents.

86ti wrote:

datuchi wrote:I did not give up the accommodation and my wife and I lived there since 2006.

Do you have utility bills, a rental contract or the council tax in your name? The HO would most likely ask for such documents.

We've lived here for all this time and never signed any contract. It's a periodic monthly tenancy and there is a set sum leaving my wife's account every month. It wasn't crucial whose account it'd be we share everything as any normal couple. The same proof can be adduced both during my first 2 years at the address, working, and time i was travelling. The landlord pays council tax etc.
I see where u r coming from the HO will need some proof and that is why i called my situation tricky.
I guess there isn't much proof apart from the bank statements and my wife working during the period. But then again, the same applies to the time when i was employed with the exception of the employment contract and P60s. Otherwise it's my word and some money movement to rely on. Not much so will i be forced to resort to... violence. Kidding. To the High Court for JR? Or the Commission of the EU? what would my options be?