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Pernament residence permit if the EEA national spouse not qualified person
Posted: Thu Apr 19, 2018 3:37 pm
by Sylvia5
Hi everyone,
I am Hungarian and my husband is Algerian. His 5 years PR expiring in July 2018.
I have a gap of employment because we had a baby at May 2014 and then I was a stay at home mum until Jan 2017. My maternity leave ended March 2015. So I have nearly a 2 years gap to be as `qualified person`.
My husband worked throughot the 5 years.
What is the solution here? Anyone knows the answer, please?
Thank you
Re: Pernament residence permit if the EEA national spouse not qualified person
Posted: Fri Apr 20, 2018 12:02 pm
by Sylvia5
Sorry I need to amend. He has a 5 years residence card (not PR) which will expire in July.
Re: Pernament residence permit if the EEA national spouse not qualified person
Posted: Fri Apr 20, 2018 12:26 pm
by rs315
From what I've read on this forum, you can retain worker rights while on maternity leave for 52 weeks. This is down to case law.
Another option is you having comprehensive sickness insurance (CSI) during the time you were financially dependent on your non-eea spouse. The unfortunate thing is, if you did not have csi, it can't be backdated.
I'm sure someone more knowledgable will be able to offer more advice.
Re: Pernament residence permit if the EEA national spouse not qualified person
Posted: Mon Apr 23, 2018 3:01 pm
by Sylvia5
Hi,
Thank you for your answer.
I did not have CSI as we didn`t know we should have. So unfair.
I am still hoping there is a solution.
Anyone please?
Re: Pernament residence permit if the EEA national spouse not qualified person
Posted: Mon Apr 23, 2018 4:08 pm
by at12
Are you working now? If so, can't he simply get a new RC based on your current employment and then wait until he is eligible for PR?
Re: Pernament residence permit if the EEA national spouse not qualified person
Posted: Thu May 03, 2018 8:36 pm
by urspam
Hi
I'm in same boat here. My EEA partner have 8 months gap in employment during the 5 year qualifying period. But, she was excising treaty right as a full time student without Comprehensive Sickness Insurance and my PR application was refused in April 2018.
Reason: Either provide evidence that EEA national was working during that 8 months or provide evidence of Sickness Insurance valid for those 8 months.
One of the admin on this board advised to re apply for RC and I've cross consulted with immigration solicitor who advised the same. (Thank you Admin)
Just wondering if this Comprehensive Sickness Insurance is really important or do we have any other option to go for PR? Any suggestions will be much appreciated.
Regards