In general terms, the legality of your residence in the UK is dependent on her residency in the UK as a qualified person.
scorpio1620 wrote: ↑Wed Jul 03, 2019 9:25 am
She had a job at the time which has come to an end in May. She then flew to India as she wasn't getting a job in the UK and is doing a consultancy project there till end of this month and will be back in August. We are hoping that she gets a job by then as she will hear from some interviews that she had given in due course.
Best thing is for her to focus on keeping her worker status in the UK, which she can do by proving she has been looking for employment. Rule of thumb is, this status cannot be maintained for more than 6 months of unemployment if she has not worked already for at least 6 months in the UK. Check this guidance:
https://assets.publishing.service.gov.u ... df#page=20
The problem is I am worried that there is a gap of 2 months that we haven't lived together in the UK and that may affect my residency.
As per
this post, there is unfortunately no clear guidance as to how long can the EEA citizen be away from the UK without that affecting their non-EU family member's residency. General advise is to not plan for this to be permanent, or for more than 6 months in a year.
I am also told that I cannot apply for jobs as prospective employers run a background check
They might run a background check if this is relevant for the job (children/elderly care) or the institution (the Police, the civil service, etc.). I doubt most, regular employers (are able to) do anything further than just check that you have a valid Residence Card, not where your wife is living at the moment.
and that Home Office would be notified about it
If the employer is not sure that the document procured by the job applicant gives the right to work, they might contact the Home Office for clarification on the type of document; this is not a background check on you or on your wife whereabouts. Also, an EEA Residence card is a straightforward document that is included in the official list of valid documents, so any employer that knows what they are doing will recognize it as valid and not contact the HO at all.
How long can the EU citizen be away from the non EU citizen that is currently living and working part-time in the UK?
As explained above, no clear guidance other than if she's worked for less than 6 months, definitely no more than 6 months.
Is it true that I shouldn't take up a full-time job as I would be screened and there would be problems with Home Office?
As explained above, this is unlikely.
We are not breaking the law, she has simply gone abroad for a consultancy project which is paying her well and will be back in August.
You could be acting against EEA regulations if she does not make sure to retain her worker status and you continue working while she is not a qualified person.
I also want to know what is the process after living and working legally in the UK for 5 years, can one apply for citizen automatically or only Indefinite leave to remain? What are the conditions for that?
ILR/Settled Status. Then after a year with that, you can apply for citizenship.
For ILR you need to complete 5 years on your residence card, and if during those 5 years your wife has retained her qualified person status.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
