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Hi,

I would appreciate some advice or hear what has been others experience. I am an EEA national married to non-EEA national. We have lived in UK 4 and half years by now and in a few months time my husband could apply for a permanent residency. However, what makes me concern is that last year I had a two months gap between two jobs. However, at the time when I left one job, I already knew that I would start a new job in two months and I didn't register as a job seeker. Would this be a big problem now that I had a gap between two jobs.

I could also state that I was self-sufficient at this time (which I was and I can show funds on the bank account), but I read that I need comprehensive sickness insurance in that case which I wasn't aware of that time and I believe that it is too late to get one now.

Can you advise whether everything should be ok when we apply or may HO say that I didn't exercise my treaty right during these 2 months? I also obviously cant say that I was out of country during this period, because I wasn't and I wont lie because I believe they can check it from their systems when people enter or exit the country.

If our application gets refused because of this 1 and half month, does this mean that we MUST leave the country or is there any chance to stay?

Thank you.

Of course, you would not have to leave the country as long as you exercise your treaty rights. And no, border police is not allowed to record entries or exits of EEA nationals and their family members.

The worst thing that could happen to you is that HO plays stupid and would not accept your application for permanent residence, that is they may believe that your clock would have restarted last year when you haven't been working.

IMHO, they will disregard the gap, it's quite a short gap so i wouldnt be overly concerned. Especially that u can prve u had another job guaranteed, thus,as u said, no point in refistering with job centres. They wil only ask p60s to cover that year an some payslips.



When u say that u could say u were out of the country, that would still not cover the exercise of treaty rights, only the continuity of resid.
My personal interpretation is that otherwise people would be able to "patch" gaps of up to 6 mths unemployment or having no insurance each year.
i know it may sound silly that one would still need to show they either were in employment and on holiday or smth or even worse, have insurance while outside the UK, but for the reason above MY interpretation is that u r not really allowed to justify not having docs by reason of being outside the UK

monsaviki wrote:Hi,

I would appreciate some advice or hear what has been others experience. I am an EEA national married to non-EEA national. We have lived in UK 4 and half years by now and in a few months time my husband could apply for a permanent residency. However, what makes me concern is that last year I had a two months gap between two jobs. However, at the time when I left one job, I already knew that I would start a new job in two months and I didn't register as a job seeker. Would this be a big problem now that I had a gap between two jobs.

I could also state that I was self-sufficient at this time (which I was and I can show funds on the bank account), but I read that I need comprehensive sickness insurance in that case which I wasn't aware of that time and I believe that it is too late to get one now.

Can you advise whether everything should be ok when we apply or may HO say that I didn't exercise my treaty right during these 2 months? I also obviously cant say that I was out of country during this period, because I wasn't and I wont lie because I believe they can check it from their systems when people enter or exit the country.

If our application gets refused because of this 1 and half month, does this mean that we MUST leave the country or is there any chance to stay?

Thank you.