Immigrationboards.com

Hi all,
I applied for EEA4 on 29/03/2011. Received COA two weeks later.
My wife has been working since 2005 and did her degree course between 2008/2010. While she was studying, she was out of work once for 8 months and another time for 6 months. We weren't aware of CSI and hadn't had it. Although, I have always been working as a self-employed since we got married, I am loosing hope that they will approve my application after i read some of the topics regarding the CSI issue.
Here is my question;
If the UKBA refuses to confirm PR what shoul i do? can I apply for ILR, as i have been working in the UK for more than 6 years?
or
Next year this time i will have lived in the country for 10 years and is there any chance that i could apply for ILR on this ground? (Long residency)
I remember that i called the home office about 6 months ago asking them if its possible to apply for ILR in person rather than sending the EEA4. But, was told "It is impossible. You could only apply under the EU Law." I do not know if this is correct.

I will be grateful if someone could answer my questions.
Thank you.

Hi olcay.

Unless your wife can provide evidence that she was seeking work during the two periods you mention, then I suspect your application for confirmation of PR status will be refused. What was the nature of your wife's courses? Were they related to her work?

If PR cannot be confirmed, then you can still apply for a Residence Card if your wife is working now (or is studying/self sufficient and now has insurance).

You can't apply for ILR because it requires having lived in the UK under the Immigration Rules: you have been here under European law. In circumstances where an EEA national has already attained PR, the non-EEA family member can choose to apply for leave under the Immigration Rules instead of European law. However, in your case, you would attain PR at the same time as your wife, so it seems pointless. It would also invovle leaving the UK and applying to re-enter.

Thanks for your reply Kitty.
My wife's course wasn't related to the job she was doing at the time. I guess I'm just hoping that the caseworker disregard the fact that we didn't have CSI for the period she was not working. I remember having read such a scenario on one of these forums. Otherwise, i think i will have to apply for another residency card. In that case do you think i should wait another 5 years to apply for PR or they would count the 5 years exercising treaty rights since she had a 6 months gap while she was a student? I think it was about 2 years ago.
Thank you.

They would count the 5 year period as starting the last time your wife began exercising rights under the Regulations: presumably when she started seeking work at the end of her last course.

So it sounds as if you have 3 years to go.

Well this helps a lot. Thank you so much Kitty. But, still hoping that they will confirm the PR without any further hassle.

Just a quick update might be useful for people in my situation. I was really worried about the CSI as we have never had one as i mentioned above. However, it turned out not to be very important for the caseworker as they confirmed my PR on the 24/06/2011. I am not sure if i was very lucky or its not a big deal.

Good news olcay! Thanks for the update

Thank you very much for your helps Kitty. This is a great platform.