monasiller wrote:Hey there,
I am currently looking into my husband's EEA4/ Permanent Residency application.
He was in a similar situation (student visa in 2005 and 2066 but went back to Brazil, where he is from) but came back together with me in February 2011. I am Austrian so we need to wait for 5 years until he can apply but I am not sure when exactly we can apply. Do we have to wait until the 5 years are over exactly (so apply on 23rd February 2016) or can we actually apply beforehands (maybe a month or so)?
Also, I do not understand anything about insurance. I am in a permanent role and pay my NHS contribution but my husband is contractor (receiving NMW so I guess also pays his NHS contribution). DO I need to pay special attention here?
Thanks,
Monika
The absence after 2006 will have terminated UK residency.
Your return to UK as an EEA national &
qualified person exercising treaty rights will have restarted your PR clock in 2011.
If you remain in UK exercising such rights continuously for 5 years you should acquire PR automatically in 2016. Your husband as dependent family member should then acquire PR too.
Note: As important & rewarding as I'm sure your husband's work is the important factor is your status as his sponsor
exercising your treaty rights;
his activity in UK, as long as it is legal, is immaterial (at least in terms of EU rules)
Note you don't apply for PR.
PR is acquired
automatically after 5 years of
exercising treaty rights, so you cannot 'apply before 5 years'.
When you think you have acquired PR you can apply for an optional PR card.
This confirms your status (it doesn't 'grant' your status).
PR is settled status. After 12 months of being free from
immigration time restrictions with settled status (ie by holding PR) you could apply for the privilege of citizenship;
(assuming all other requirements for naturalisation can be met).
Regarding insurance, I think by "
NHS insurance" you mean NI.
Not sure what you mean by "
NMW".
If you are asking if you are entitled to use the NHS then yes I believe you are, as you are
ordinarily resident in UK.
If you are asking do you need evidence of CSI then no, you do not, as you are in the worker category of
qualified person (under EU rules).
(Only students & self-sufficient persons need to hold CSI to maintain treaty rights).