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Hello everyone,

I'm EEA national, my husband non EEA (USA). We've been living in UK for 9 years now. My husband got 5 year permit in 2006 based on self sufficiency, when that expired we were shocked to find that in order for him to apply for permanent residency I was supposed to have medical insurance but it wasn't a requirement in 2005 and we didn't know about it. An advisor from home office told us that my husband can't apply for PR so he reapplied for another 5 year temporary permit and got it in 2011 (based on me being self sufficient). Later we found out that my friends who were in exactly the same situation send an explanatory letter together with their application for PR and got it without any problems while we are stuck with the temporary permit.

During the last 3 years I had medical insurance for the first year but then we didn't renew it, later I studied and for the last 8 months I've been self employed (paying NI). My husband worked almost continuously for the whole of 9 years and never asked for any benefits (except child benefit). We have enough money to prove self-sufficiency. He still has 2 years left on his temporary residence but he wants to apply for PR. I know it would be easy for him if we had CSI but we didn't. Is it possible for him to get PR at all? It will be 10 years of him living in UK next year, maybe he should wait and apply for ILR not through EEA-route? What would you advise?

Thank you

Under the 10-year route, he would still need to prove that he was legally resident throughout the 10 years he has been in the UK, so he would still have to provide proof of your exercising of Treaty rights. For your time as a self-sufficent person to be counted as legal residence and consequently for your husband too, you have to have CSI. Your friends were lucky to get PR without CSI, or maybe they were students before 20th June 2011 and had an EEA1 on the basis of being students? This would have exempted them from the CSI requirement, but ONLY if they had EEA1 on the basis of being students and not any other category.

Since you stopped paying CSI, then your PR clock starts all over again from the start of your self-employment, and consequently your husband's PR clock starts at the same time too. Better pay the CSI for you and all of your family if you intend to be self-sufficient again. Or stay self-employed or get a part-time job - the work must be genuine and effective though, a recommended 10 hours of work a week.

rosebead wrote:Under the 10-year route, he would still need to prove that he was legally resident throughout the 10 years he has been in the UK, so he would still have to provide proof of your exercising of Treaty rights. For your time as a self-sufficent person to be counted as legal residence and consequently for your husband too, you have to have CSI. Your friends were lucky to get PR without CSI, or maybe they were students before 20th June 2011 and had an EEA1 on the basis of being students? This would have exempted them from the CSI requirement, but ONLY if they had EEA1 on the basis of being students and not any other category.

Since you stopped paying CSI, then your PR clock starts all over again from the start of your self-employment, and consequently your husband's PR clock starts at the same time too. Better pay the CSI for you and all of your family if you intend to be self-sufficient again. Or stay self-employed or get a part-time job - the work must be genuine and effective though, a recommended 10 hours of work a week.

@rosebead... Just read your comment. In my case I had CSI for 4.5 years then didn't renew it ! Big mistake, do I stand a chance to fight it out with the home office. My PR was refused on this basis... I have appealed. I'm a spouse of a EU national who's lived in the UK for 20+ years... Thanks.

Did you have CSI continuously for 4.5 years or was it broken? It must be continuous. If it was continuous, did you work for half a year just before or just after your period of self-sufficiency? If so, this means you exercised Treaty rights continuously for 5 years which makes you eligible for PR.

See also Saviana's topic.

My husband got 5 year permit in 2006 based on self sufficiency

Then i think you will be fine. But you have to write a very good cover letter explaining to the case worker why you didn't have it for five years. Just buy one before sending

I know one member recently similar case like yours issued PR

rosebead wrote:Did you have CSI continuously for 4.5 years or was it broken? It must be continuous. If it was continuous, did you work for half a year just before or just after your period of self-sufficiency? If so, this means you exercised Treaty rights continuously for 5 years which makes you eligible for PR.

@rosebead, thanks.... As @Vinny quoted look at my earlier posts... I'm just looking for different opinions. The csi was unbroken for 4.5 years...of course we had other documents as required by home office: 5 year tenancy, council tax, bank statements, bills etc...
I've spoken to quite few people and every body seems to have a different take on this.
Some think I stand a chance some have told me I don't stand a chance! Regards

Gija wrote:Hello everyone,

I'm EEA national, my husband non EEA (USA). We've been living in UK for 9 years now. My husband got 5 year permit in 2006 based on self sufficiency, when that expired we were shocked to find that in order for him to apply for permanent residency I was supposed to have medical insurance but it wasn't a requirement in 2005 and we didn't know about it. An advisor from home office told us that my husband can't apply for PR so he reapplied for another 5 year temporary permit and got it in 2011 (based on me being self sufficient). Later we found out that my friends who were in exactly the same situation send an explanatory letter together with their application for PR and got it without any problems while we are stuck with the temporary permit.

During the last 3 years I had medical insurance for the first year but then we didn't renew it, later I studied and for the last 8 months I've been self employed (paying NI). My husband worked almost continuously for the whole of 9 years and never asked for any benefits (except child benefit). We have enough money to prove self-sufficiency. He still has 2 years left on his temporary residence but he wants to apply for PR. I know it would be easy for him if we had CSI but we didn't. Is it possible for him to get PR at all? It will be 10 years of him living in UK next year, maybe he should wait and apply for ILR not through EEA-route? What would you advise?

Thank you

@gija as we are in similar situation, I'd like to know how your application or case work progresses. I have appealed mine with new CSI, fingers crossed. Good luck yo us!

askmeplz82 wrote:

My husband got 5 year permit in 2006 based on self sufficiency

Then i think you will be fine. But you have to write a very good cover letter explaining to the case worker why you didn't have it for five years. Just buy one before sending

I know one member recently similar case like yours issued PR

@askmeplz82 just saw your comment... The member you're talking about who got their PR after buying CSI, had they made an application before and refused or was it first application? Buying a CSI after refusal, does that really help? Thanks.

Saviana, it seems harsh that the Home Office would refuse PR just because you were 6 months short on CSI. The Home Office could choose to be lenient if they want but it seems they opted to be harsh. CSI cannot be backdated but now that you have bought new cover they might opt to be more lenient - let's hope so.

By the way, did your husband ever work in the UK during the 20+ years that he has lived here? If so, was there ever a period when he worked continuously for 5 years in the UK. If he has proofs for those 5 years that he worked you need only submit those proofs and not recent proofs of exercising Treaty rights, plus you'd also need to submit proof that he has not been absent from the UK for more than 2 years since becoming PR. EEA Permanent Residents no longer have to exercise Treaty rights and their family members would still be legally resident even if the EEA citizen didn't work.

rosebead wrote:Saviana, it seems harsh that the Home Office would refuse PR just because you were 6 months short on CSI. The Home Office could choose to be lenient if they want but it seems they opted to be harsh. CSI cannot be backdated but now that you have bought new cover they might opt to be more lenient - let's hope so.

By the way, did your husband ever work in the UK during the 20+ years that he has lived here? If so, was there ever a period when he worked continuously for 5 years in the UK. If he has proofs for those 5 years that he worked you need only submit those proofs and not recent proofs of exercising Treaty rights, plus you'd also need to submit proof that he has not been absent from the UK for more than 2 years since becoming PR. EEA Permanent Residents no longer have to exercise Treaty rights and their family members would still be legally resident even if the EEA citizen didn't work.

@rosebead thanks for your comments... My husband is a sea farer and has always sailed around the world in his seafaring duties. 20 years ago he did have a temp job but only for a year... He's never been out of the country for more than 2 years, but unfortunately that rule has changed for EU applications, now it's 6 months for both the EU spouse and applicant.
In his 20+ years in the UK he never took British permanent residency or British citizenship.
I'm not sure if he became a permanent resident by default of living here that long.
I'm really worried coz after buying new csi back in April, sent a copy to the appeal court and home office and still haven't heard anything form home office. Was hoping by now they would have changed their decision in my favour.
Anyway I guess, there has to be a bit if luck init, otherwise my case seems too trivial for home office to be so harsh. Thanks

Saviana wrote:

Gija wrote:Hello everyone,

I'm EEA national, my husband non EEA (USA). We've been living in UK for 9 years now. My husband got 5 year permit in 2006 based on self sufficiency, when that expired we were shocked to find that in order for him to apply for permanent residency I was supposed to have medical insurance but it wasn't a requirement in 2005 and we didn't know about it. An advisor from home office told us that my husband can't apply for PR so he reapplied for another 5 year temporary permit and got it in 2011 (based on me being self sufficient). Later we found out that my friends who were in exactly the same situation send an explanatory letter together with their application for PR and got it without any problems while we are stuck with the temporary permit.

During the last 3 years I had medical insurance for the first year but then we didn't renew it, later I studied and for the last 8 months I've been self employed (paying NI). My husband worked almost continuously for the whole of 9 years and never asked for any benefits (except child benefit). We have enough money to prove self-sufficiency. He still has 2 years left on his temporary residence but he wants to apply for PR. I know it would be easy for him if we had CSI but we didn't. Is it possible for him to get PR at all? It will be 10 years of him living in UK next year, maybe he should wait and apply for ILR not through EEA-route? What would you advise?

Thank you

@gija as we are in similar situation, I'd like to know how your application or case work progresses. I have appealed mine with new CSI, fingers crossed. Good luck yo us!

@gija yeah we are definitely in similar situation. My appeal case was adjourned, two days to the gearing date! They didn't give ya a new date! After demanding why the hearing was adjourned they finally said there was no judge to hear the case! Quite strange! How's yours going? Thanks