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Only one year gap from 2012_2017

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Phone
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Only one year gap from 2012_2017

Post by Phone » Wed Sep 27, 2017 10:57 pm

This is because due to baby born in oct 2014.
Gap is from 2015 may to 2016 august.
## no insurance. Nothing.
Is this ok if my eu partner apply for her permant residence.
Will this be ok for me in 2020. When I apply for my resisdent card.. permant residence. non eea.
I have my card valid from 2015_2020.
We are married under english law june 2013.
Islamic marriage done in april 2012.
No benefits.
I am doing 40 hours a week.
My eea french wife doing part time job.
Please clarify this for me
Thank you

Phone
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Reply plzRe: Only one year gap from 2012_2017

Post by Phone » Thu Sep 28, 2017 10:08 pm

Plz reply

secret.simon
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Re: Only one year gap from 2012_2017

Post by secret.simon » Fri Sep 29, 2017 7:35 am

Phone wrote:
Wed Sep 27, 2017 10:57 pm
Gap is from 2015 may to 2016 august.
## no insurance. Nothing.
Is this ok if my eu partner apply for her permant residence.
Your French wife and you are ineligible to apply for PR till August 2021 (assuming that she resumed work in August 2016).

She would have maintained her status as a worker if she had resumed work within one year (52 weeks) of taking maternity leave. But as she took 15 months off, that reset her PR clock to zero and consequently, also yours.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Only one year gap from 2012_2017

Post by alijawad786 » Fri Sep 29, 2017 7:44 am

Salamz bro.

hope doing great. i would say wait what others will reply? also can i ask was she on maternity leave when she had the baby?

if she is not been employed before having the child and started working an year after child birth and no insurance either from UK or from France. then to me its looks difficult to qualify for PR. as my wives pr was rejected in 2013 coz she had an employment gap more then 6 months and she was on job seekers over 9 months

hope this helps but i am not a solicitor hence giving u advice based on what happend to us in 2013.

JZK
Ali J/-\\/\//-\D

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Re: Only one year gap from 2012_2017

Post by aarshad01 » Fri Sep 29, 2017 10:50 am

Wait for the result of BREXIT on EU citizens, you may not need to apply for PR, if settled Status offered to EU nationals, i am also in the same position because of the GAP of 2 years in my case, so instead of applying for PR, i applied for EEA QP with my wife and kid. Hope for the best

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Secret simon..Re: Only one year gap from 2012_2017

Post by Phone » Fri Sep 29, 2017 11:58 am

secret.simon wrote:
Fri Sep 29, 2017 7:35 am
Phone wrote:
Wed Sep 27, 2017 10:57 pm
Gap is from 2015 may to 2016 august.
## no insurance. Nothing.
Is this ok if my eu partner apply for her permant residence.
Your French wife and you are ineligible to apply for PR till August 2021 (assuming that she resumed work in August 2016).

She would have maintained her status as a worker if she had resumed work within one year (52 weeks) of taking maternity leave. But as she took 15 months off, that reset her PR clock to zero and consequently, also yours.

Thank you.
What about my job issue after march 2020, legal right to work..
I can also get some thing letter from my cousin company, just to cover this short gap 15 months..
That she worked for them about 8 months.... or some thing...
Plz advise.

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Re: Secret simon..Re: Only one year gap from 2012_2017

Post by CR001 » Fri Sep 29, 2017 12:19 pm

Phone wrote:
Fri Sep 29, 2017 11:58 am
I can also get some thing letter from my cousin company, just to cover this short gap 15 months..
That she worked for them about 8 months.... or some thing...
Plz advise.
That would be deception if you submit false documents.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Phone
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Re: Only one year gap from 2012_2017

Post by Phone » Fri Sep 29, 2017 1:27 pm

What will be my legal status after march 2020.when my five year permit expeiries
Is there any legal way also to cover my wife 15 months employment gap! Now
Thank you
All of you are great.... trust me
Better then some solictors ........
Trust me...

ladytan382
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Re: Only one year gap from 2012_2017

Post by ladytan382 » Fri Sep 29, 2017 1:48 pm

Phone wrote:
Wed Sep 27, 2017 10:57 pm
This is because due to baby born in oct 2014.
Gap is from 2015 may to 2016 august.
## no insurance. Nothing.
Is this ok if my eu partner apply for her permant residence.
Will this be ok for me in 2020. When I apply for my resisdent card.. permant residence. non eea.
I have my card valid from 2015_2020.
We are married under english law june 2013.
Islamic marriage done in april 2012.
No benefits.
I am doing 40 hours a week.
My eea french wife doing part time job.
Please clarify this for me
Thank you

sorry to say but her clock is reset back to zero, bcoz she was out of work for more then six months, that's happening to most of EU national and they r getting refused, now hope for the best abut Brixt and see what they decide till now its getting worse and worse, just to stay on safe side try to get French papers u av loads of time till 2020

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Re: Only one year gap from 2012_2017

Post by aarshad01 » Fri Sep 29, 2017 2:07 pm

Phone wrote:
Fri Sep 29, 2017 1:27 pm
What will be my legal status after march 2020.when my five year permit expeiries
Is there any legal way also to cover my wife 15 months employment gap! Now
Thank you
All of you are great.... trust me
Better then some solictors ........
Trust me...
After March 2020, you can apply again for EEA QP or renew your residence card the one you have at the moment. like im doing now. or if youre lucky enough and settled status offered you don't need to do anything, regards gap how to cover - one possibility is you can pay huge amount of plenty to HMRC and tell them you were self employeed during that time, and pay £1600 plenty plus whatever earning during that time also the money you may have from tax credit and working tax aswell, again its all a risk for you.

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Re: Only one year gap from 2012_2017

Post by CR001 » Fri Sep 29, 2017 2:14 pm

aarshad01 wrote:
Fri Sep 29, 2017 2:07 pm
one possibility is you can pay huge amount of plenty to HMRC and tell them you were self employeed during that time, and pay £1600 plenty plus whatever earning during that time also the money you may have from tax credit and working tax aswell, again its all a risk for you.
Kindly desist from providing advice to 'create a non existent' job. If the EU citizen was not employed in any capacity and has no evidence of 'self employment', this would be deception and lying to both HMRC and HO.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Phone
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Re: Only one year gap from 2012_2017

Post by Phone » Fri Sep 29, 2017 2:35 pm

Thank you all.

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Re: Only one year gap from 2012_2017

Post by aarshad01 » Fri Sep 29, 2017 2:54 pm

CR001 wrote:
Fri Sep 29, 2017 2:14 pm
aarshad01 wrote:
Fri Sep 29, 2017 2:07 pm
one possibility is you can pay huge amount of plenty to HMRC and tell them you were self employeed during that time, and pay £1600 plenty plus whatever earning during that time also the money you may have from tax credit and working tax aswell, again its all a risk for you.
Kindly desist from providing advice to 'create a non existent' job. If the EU citizen was not employed in any capacity and has no evidence of 'self employment', this would be deception and lying to both HMRC and HO.
Well i wrote him its a risk in the end as its his choice though he or she knows in the end its wrong.

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Re: Only one year gap from 2012_2017

Post by CR001 » Fri Sep 29, 2017 2:57 pm

aarshad01 wrote:
Fri Sep 29, 2017 2:54 pm
CR001 wrote:
Fri Sep 29, 2017 2:14 pm
aarshad01 wrote:
Fri Sep 29, 2017 2:07 pm
one possibility is you can pay huge amount of plenty to HMRC and tell them you were self employeed during that time, and pay £1600 plenty plus whatever earning during that time also the money you may have from tax credit and working tax aswell, again its all a risk for you.
Kindly desist from providing advice to 'create a non existent' job. If the EU citizen was not employed in any capacity and has no evidence of 'self employment', this would be deception and lying to both HMRC and HO.
Well i wrote him its a risk in the end as its his choice though he or she knows in the end its wrong.
Any member of the forum who gives advice on trying 'jimmy the system' or doing illegal stuff/practices will be banned. Suggest read the forum rules.

announcements/terms-conditions-t3.html
Basic Rules for Members (and all other users):
No negative comments about someone's nationality, race or religion.
No advertising of commercial web-sites.
There can be no 'discussion' or 'advice' regarding how to engage in illegal activities (such as but not limited to: how to illegally acquire copyrighted material, work permits, visas, passports or other documents), and no links to websites providing such information.
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: Only one year gap from 2012_2017

Post by aarshad01 » Fri Sep 29, 2017 3:26 pm

CR001 wrote:
Fri Sep 29, 2017 2:57 pm
aarshad01 wrote:
Fri Sep 29, 2017 2:54 pm
CR001 wrote:
Fri Sep 29, 2017 2:14 pm
aarshad01 wrote:
Fri Sep 29, 2017 2:07 pm
one possibility is you can pay huge amount of plenty to HMRC and tell them you were self employeed during that time, and pay £1600 plenty plus whatever earning during that time also the money you may have from tax credit and working tax aswell, again its all a risk for you.
Kindly desist from providing advice to 'create a non existent' job. If the EU citizen was not employed in any capacity and has no evidence of 'self employment', this would be deception and lying to both HMRC and HO.
Well i wrote him its a risk in the end as its his choice though he or she knows in the end its wrong.
Any member of the forum who gives advice on trying 'jimmy the system' or doing illegal stuff/practices will be banned. Suggest read the forum rules.

announcements/terms-conditions-t3.html
Basic Rules for Members (and all other users):
No negative comments about someone's nationality, race or religion.
No advertising of commercial web-sites.
There can be no 'discussion' or 'advice' regarding how to engage in illegal activities (such as but not limited to: how to illegally acquire copyrighted material, work permits, visas, passports or other documents), and no links to websites providing such information.
apologies for this, will you like to answer me on EEA Family Permit ( for my mother ) as im trying to get the answer but no one is answering...if yes i would like to post my answer to you here thanks

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Re: Only one year gap from 2012_2017

Post by Richard W » Fri Sep 29, 2017 4:39 pm

Phone wrote:
Fri Sep 29, 2017 1:27 pm
What will be my legal status after march 2020.when my five year permit expeiries
Is there any legal way also to cover my wife 15 months employment gap!
But for Brexit, the normal solution, advocated by Aarshad01. would be to apply for a new 5-yeatr residence card. Unlike Aarshad01, I would suggest that you apply well in advance of its expiry so that you are not caught if there are long delays in getting a new one.

With Brexit, you will need to apply for permission to stay in the UK. If the government keeps to the original description, you might even be able to apply in March 2020 for settled status! However, the recent talk of 'lawful residence' is disturbing. Even so, it still seems that the HO will overlook your being present when you had no right to reside because your wife was not a 'qualified person'.

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Re: Only one year gap from 2012_2017

Post by aarshad01 » Fri Sep 29, 2017 5:29 pm

Richard W wrote:
Fri Sep 29, 2017 4:39 pm
Phone wrote:
Fri Sep 29, 2017 1:27 pm
What will be my legal status after march 2020.when my five year permit expeiries
Is there any legal way also to cover my wife 15 months employment gap!
But for Brexit, the normal solution, advocated by Aarshad01. would be to apply for a new 5-yeatr residence card. Unlike Aarshad01, I would suggest that you apply well in advance of its expiry so that you are not caught if there are long delays in getting a new one.

With Brexit, you will need to apply for permission to stay in the UK. If the government keeps to the original description, you might even be able to apply in March 2020 for settled status! However, the recent talk of 'lawful residence' is disturbing. Even so, it still seems that the HO will overlook your being present when you had no right to reside because your wife was not a 'qualified person'.
Dear Richard,
he was telling about the GAP between 2014 to 2015, not at the moment, so obviously his wife would be working at the moment. regarding settled status for EU nationals as per policy paper issued by UK, on 25th June 2017, its written they will start settled status by 2018, also in the recent talks all the EU nationals who has PR they don't need to reapply for settled status as UK wanted before.

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Re: Only one year gap from 2012_2017

Post by Phone » Fri Sep 29, 2017 7:23 pm

Thank you all very helpful.
I have about 3 years,.. lets see what is in my way.
I love you all.
And my advise to every one;
Do not mess with UKBA,
They will make you crazy,, and solictors always there to milk you cash wise.. !!
My painful journey to get my resident card.. in 2015''

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Re: Only one year gap from 2012_2017

Post by Richard W » Sat Sep 30, 2017 4:00 am

aarshad01 wrote:
Fri Sep 29, 2017 5:29 pm
he was telling about the GAP between 2014 to 2015, not at the moment, so obviously his wife would be working at the moment. regarding settled status for EU nationals as per policy paper issued by UK, on 25th June 2017, its written they will start settled status by 2018, also in the recent talks all the EU nationals who has PR they don't need to reapply for settled status as UK wanted before.
There is a general ban on getting a visa within a fixed time of illegal working being discovered. Fortunately, this does not apply for family member visas, and I would expect the same rule to apply come Brexit.

As for the continuing validity of PR, look at the UK position in Item 27 on p10 in the September position report. It says
Streamlined process and reduced or no costs for current holders of permanent residence documents to exchange for updated UK documentation. This will simply entail verification of ID, a criminality check and confirmation of ongoing residence, in recognition of the fact that they have already been through a process assessing their qualifying residence period.
That second sentence is almost merely a concession to common sense, except for the apparent position that renewing permanent residence cards currently appears, according to the modernised guidance, to require a re-evaluation of whether permanent residence has indeed been acquired. The EEA Regulations state that a permanent residence card is evidence that permanent residence has been achieved. The offered UK position appears merely to accept that the evidence should not be routinely challenged.

It looks from Item 20 as though the withdrawal agreement will not contain the concessions on the requirements for settled status that the June position paper offered. Of course, that does not prevent the HO from making those concessions.

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