HAS MY WIFE QUALIFIED FOR PR?

[MOAA77]

Hi guys,
Let me first commend you on the good job you guys have been doing here. I will like to know if my wife has met the requirement for an EEA3 permanent residence
Here is her story……
1. My wife an Irish national
2. She arrived in UK Jan, 2010.
3. Started working with an agency Feb, 2010.
4. Got her RC March, 2010.
5. Went on maternity with pay from Nov 2010 – August 2010(9 months)
6. Continued working with same agency.
7. 2nd maternity with pay from June 2013 – March 2014(9 months)
8. Continued as a worker with same agency till date
NB:
Please note that there was no letter of contract since it is an agency job. She works for an average of 20 hours/week throughout these periods
She has been getting working tax and child tax credit with child benefits since June 2010 till date.
Please has she met the requirement of exercising treaty right for the purpose of permanent resident?
Waiting for your responses. Thanks

[MOAA77]

Please guys I will appreciate your response. I'm Still waiting

[martin54]

Yes she is qualify for PR as long as she exercise her treaty right with the complete 5 yrs of work in the UK and the maternity leaves counts as part of her treaty right.

[MOAA77]

@Martin54, thanks for the reply.. Please are you saying that without the employment contract and her getting those benefits for over 4 years won't count against her application?

[martin54]

Please are you saying that without the employment contract and her getting those benefits for over 4 years won't count against her application?


The employment contract does mean if she does not have one,she can ask for employment history from the HMRC to proof she is working in the UK and the benefit is normal as that also proof she is living physically in the UK.