EEA2 and EEA4 refused because of WRC..

[Zuza]

Hello,
I really need your advice, I'm Eea national from Slovakia, my husband is non-eea national. He previously had 1 year Eea family permit and 5 years residence permit Eea3 afterwards.
After the 5 years I applied for PR EEA2 and he applied for EEA4. We both got refused because I haven't registered with Working registration scheme...
The thing is, I already had residence permit as a student (it was needed for my husbands Family permit) and I became a self-employed person afterwards (who must be registered with HMRC, and not under the Working registration scheme). After 2 years being self-employed I started working as an employee but I didn't register with WRC because I did check this 5 years ago with WRC and they told me I didnt need to register with them after becoming an employee after 1 year being self-employed..
WRC is shut down now, so I can't register with them anymore..
Did the case worker make mistake? I have covered all 5 years as either student, or self-emploed, or employee - they didn't refuse the application because some missing evidence, they refused because I havent been registered with WRC... If they're right, what shall I do? I won't be never ever be able to get PR because of my mistake of not registering myself?
If I already had residence permit, doesn't it mean I've already lived here under the treaty rights?
Thank you for your help.

[Jambo]

If I already had residence permit, doesn't it mean I've already lived here under the treaty rights?

You had a Residence Certificate as a student which confirmed you exercised treaty rights as a student. However, in order to be allowed to work (as employee), you were required to register. Being a student/self employed for 12 months didn't exempt you from WRS when employed.

As WRS was abolished in April 2011, you could obtain PR in May 2016. Your husband can apply now for another RC (valid for 5 years although you could apply for PR before it expires).

[Obie]

When you were a student, i guess a Registration Certificate would have been issued to you. In those circumstances, you would have been entitled to work i guess for at least 20 hrs a week.

If you did work, and provided you did so for about a year, then you may have a case to argue, that you don't need to register, or have conditions imposed on your ability to work legally.

European Union law forbids memberstates from putting restrictions on people who have been legally engaged in the labour market.

[Zuza]

Thank you for your answers.
My husband is going to apply for EEA 3 residence permit again..
I'm a bit confused now - what period of time do I have to cover as evidence exercising treaty rights?
The problem is that I'm working at the moment but my job will be finishing in end of November and I've decided to take off for three months and travel through Asia with my friend...my husband doesn't mind and also he can't join us as he doesn't want to leave the UK vithout residence stamp in his passport..
My question is: if my husband apply for residence permit lets say in few days with all the relevant documents needed and I leave the Uk in december (I've got 2 Slovakian valid passports), will I be still exercising treaty rights somehow? As a self efficient person maybe?
I've always wanted to go to travel but never went just because I wanted to work for full 5 years to get Permanent residence for me and my husband but this is not gonna happen in few years because I hadn't registered with Working registration scheme...
What shall I do? I dont want those 3 months not be able to count into 5 years exercising treaty rights..
Also, will HO be able to find out that I won't work lets say in December or January through HMRC?
Thank you for your answer.

[Jambo]

Thank you for your answers.
My husband is going to apply for EEA 3 residence permit again..
I'm a bit confused now - what period of time do I have to cover as evidence exercising treaty rights?
The problem is that I'm working at the moment but my job will be finishing in end of November and I've decided to take off for three months and travel through Asia with my friend...my husband doesn't mind and also he can't join us as he doesn't want to leave the UK vithout residence stamp in his passport..
My question is: if my husband apply for residence permit lets say in few days with all the relevant documents needed and I leave the Uk in december (I've got 2 Slovakian valid passports), will I be still exercising treaty rights somehow? As a self efficient person maybe?
I've always wanted to go to travel but never went just because I wanted to work for full 5 years to get Permanent residence for me and my husband but this is not gonna happen in few years because I hadn't registered with Working registration scheme...
What shall I do? I dont want those 3 months not be able to count into 5 years exercising treaty rights..
Also, will HO be able to find out that I won't work lets say in December or January through HMRC?
Thank you for your answer.

Your are not required to exercise treaty rights for the periods you are abroad. You can be abroad upto 6 months each year.

[Zuza]

Thank you Jumbo for a quick reply.
Isn't it going to mess my husband's application though?

[Davmck70]

I would say no but may delay you being able to provide evidences to back his application as you need to be present in UK to support his application. He will not be able to work during this period as you need to gather more evidences before he can present a durable application.

[Zuza]

Thank you Jambo and Davmck70,

please please can you be patient with me, I don't understand, can please explain?

My husband won't be able to work over the period I'll be away? Do I have to tell HO that I'm planning to leave the country for 3 months? I'm working at the moment until end of November when my job finishes, so if we send the application in few days time, I'll be exercising treaty rights until November, right? Can HO find out I won't be in the UK?
Also, if I apply for PR in 3 years time, how will I explain what I was doing for those 3 months? I need to proof that I was exercising treaty rights for continuous 5 years - do those 3 months that I haven't been exercising treaty rights in the Uk count into 5 years or I have to add them?
Basically, I would love to know if there is a point of applying for residence card for my husband and if HO will check with HMRC if my emloyer pays taxes for me.. because if they will, they will find out I won't be working and will be asking for a new evidence. In that case, how can I proof that I'd be self efficient person? With my savings?
Thank you a million.

[Amber]

Hello,

could you please help with my situation and give me some advice please..
I'm EEA national and my husband in non EEA applying for Eea2 residence card.
I've been working in my current job for over a year but it'll be finishing end on November.
We want to send the application form ASAP, so I'll add my contract, letter from employer, 3 last payslips, marriage certificate, passports and tenancy agreement with both our names.
The thing is, what shall I do when case worker will get to work on the application in January/February when I might be not working? I'd like to take some time off work for 2 months to go to see my family before I'll find a new job.
Shall I write a cover letter explain this to HO and also add my bank statements to proof that I'm self sufficient person and write this into the application form or shouldn't I mention it at all? Do I have to also add comprehensive health insurance? Does my husband need to have the insurance also even though he is self employed person and pays taxes and National insurance contributions?

Thank you very much for your answer.

[Zuza]

Could you please anybody give me some advice?
Any help very appreciated.

[Davmck70]

Could you please anybody give me some advice?
Any help very appreciated.