Pls Help! ILR for Non-EEA Spouse of EEA National

[Tyro]

Hello Everyone,
I was just wondering if any of you expert could advise me on following situation.


My wife is EEA National and has been exercising EU treaty in UK since April 2007, and we have been living together since then. But I we only did registered marriage in UK in October 2007. My question could we both apply for ILR in April 2012 or do we need to wait till October. I know it is not much difference but we want to get this sorted as soon as possible. And advise will be highly appreciated.

Regards
Tyro

[John]

My question could we both apply for ILR in April 2012

No, not then, and indeed not ever! You can never apply for ILR! Instead the application will be for PR ... Permanent Residence .... the EEA-route equivalent of ILR. But don't confuse the two, because there are differences in the requirements, for example, no pass required in the Life in the UK Citizenship test for PR applications.

Your wife! She will get PR status sometime in April 2012, 5 years after starting to exercise Treaty Rights in the UK. You? You did not become her family member until October 2007, so your 5 years is up sometime in October 2012.

PR status is acquired automatically. But if confirmation is required, your wife should use form EEA3 and you should use form EEA4. Particularly for you, a non-EEA person, the confirmation of PR status will be useful.

[Tyro]

Hi John,

Thanks for your answer. A great change of direction. So I should search for PR.

I think it will be better to apply for PR for both of us in september 2012 ( on month before we complete five years of our marriage; this is the earliest we can apply: pls correct me if I am wrong.)

I also have another concern about my wife's work. she has been working on and off in last five years. but I have been working without gap since we got married. She is a cypriot citizen. I have been supporting her financially in times of need.

We have never claimed any benefit so far. She has lost her job this feb due to end of contract.

Will this make a difference on our application.

Many Thanks

[John]

When your wife has not been working, what has she been doing? Has she been looking for work? Registered at Job Centre+?

[Tyro]

She has been looking for work, but didn't register with Job centre. She has finished her recent job in feb this year. She is pregnant and not looking for at the moment.

[John]

Earlier you posted :-

she has been working on and off in last five years

-: so on earlier periods not working, what was she doing then?

In the 4 years 2 months since she arrived in the UK, how much time working? How much time unemployed? Longest period of unemployment?

Have the two of you got comprehensive sickness insurance?

[Tyro]

She was doing volunteer work since april till december 2007, then she worked most of the time with a gap of 2-3 months twice, and again she is not working since Feb 2011.

No we don't have that inssurance. I was under the impression that as long as we don't claim benefit and I can support her finacially she is considered finacially self sufficient.

Will this be a big problem? I am getting a bit worried now.

Thanks

[86ti]

I think a person working voluntarily (without an income) cannot be considered a worker. A job seeker can but formally registration of unemployment is a requirement. I am not sure how the UKBA handles cases with brief but inregistered unemployments. You obviously have not been an unreasonable burden to the state in those periods as you say.

[Tyro]

Thanks Gur,

Do you recommend that my wife should register with Job centre now.

What if she start claiming job seeker or maternity allowance and register with job centre. will that affect her right to apply for PR next year.

[86ti]

She is entitled to certain benefits, see chapter 12 of the ECIS and of course she should register with the job centre. That's a legal requirement, see 5. and 6. of the EEA regulations. A mother on maternity leave is still a worker too but you say that your wife's contract ended in Feb. Not sure about becoming pregnant during unemployment.

I already said that I do not know how the UKBA will look at the previous periods of unregistered unemployment. The EEA regulations seem clear.

[Tyro]

I looked at the section 5 and 6, it says that ;

Where an EEA national claims to have resided in the UK as a student or self sufficient person for part or all of the continuous 5 year period they need to have held Comprehensive Sickness Insurance (CSI) for such periods.

I had not idea about this as I only checked UKBA website long time ago where self sufficient means, self supported or supported by Non-EAA spouse.

Please advise what should I do.

I am thinking to register her as self employed as she wants to start working for her self. But not sure what would be right to do now.

Has anyone applied for PR without Comprehensive Sickness Insurance in similar situation as my wife....

Please help by sharing.

Regards

[86ti]

Please advise what should I do.

As you cannot change the past all you can do is to apply and see what the outcome will be. Make sure that your wife is a qualified person at the time of application.

[Tyro]

Do you guys suggest to stay away from applying any benefits.. if this is the case I would register my wife as self employed. As she won't be looking for work for at least another year.

Any suggestions please...

[John]

What sort of self-employment might she do? And now many hours per week would that self-employment take up?

[Tyro]

she has been thinking to start some web site work. and can do around 20 hours a week... we don't have to do this.. if registering with job centre is better then we can do that.. will we still need that inssurace even if she is registered with job centre and I am working full time...

[John]

The Job Centre+ is really only going to help if she is looking for work and available to work. But as she is pregnant there will come a time when she clearly will not be able to work.

The self-employment idea seems the ideal solution, as long of course she has the necessary technical skills. If she is indeed self-employed that would cut out the need for the sickness insurance.

Any self-employment needs to be registered with HMRC within 3 months of commencement, in order to avoid a penalty.

[Tyro]

Hi John,
She has joined job centre yesterday... let's see what happens. I will consider helping her to setup a business may be after few months.. when she is more physically fit to do so.


you have valid point about self employment.
As she can be self employed but it doesn't really matter if business doesn't make any money in first and second year of operation. As this is the case with most of the business...

It should not make any difference if she is earning enough or not as I would be supporting her financially.

I hope they will not it a big deal for the time while she was out of work and didn't register with job centre as we didn't know this ruling.