Permanent residence qualifying period

[charlotte10]

I am a Finnish citizen who has lived in the UK since 2004, and I would like to apply for a permanent residence card at the same time as we are applying for my wive's residence card (as my family member). I am currently both studying and working and do not hold Comprehensive Sickness Insurance, but I previously worked in the UK for just over five years - details below. Does this period in the past qualify me for permanent residence, or does the qualifying period have to be until now?

Sep 2004 - Jun 2009: student without CSI

Qualifying period:
Jun 2009 - Jul 2014: working continuously, EXCEPT FOR these two periods:
* Oct 2011 - Jan 2012: travelling abroad
* Jun 2010 - Sep 2010: internship abroad

Since then:
Aug 2014 - Sep 2014: travelling abroad
Oct 2014 - now: student without CSI

Since the overall qualifying period just about covers five years (total 5 years and 1 month), do the two breaks that I spent abroad matter? Or can I apply for permanent residence based on this period in the past?

Relatedly, is there a requirement that the employment is a certain number of hours per week? Some of my periods of employment have been for approximately 15 hours per week.

[noajthan]

I am a Finnish citizen who has lived in the UK since 2004, and I would like to apply for a permanent residence card at the same time as we are applying for my wive's residence card (as my family member). I am currently both studying and working and do not hold Comprehensive Sickness Insurance, but I previously worked in the UK for just over five years - details below. Does this period in the past qualify me for permanent residence, or does the qualifying period have to be until now?

Sep 2004 - Jun 2009: student without CSI

Qualifying period:
Jun 2009 - Jul 2014: working continuously, EXCEPT FOR these two periods:
* Oct 2011 - Jan 2012: travelling abroad
* Jun 2010 - Sep 2010: internship abroad

Since then:
Aug 2014 - Sep 2014: travelling abroad
Oct 2014 - now: student without CSI

Since the overall qualifying period just about covers five years (total 5 years and 1 month), do the two breaks that I spent abroad matter? Or can I apply for permanent residence based on this period in the past?

Looking good.

No need to apply on basis of most recent 5 years, that is a common misunderstanding.

You acquire PR automatically once you have exercised treaty rights, continuously for 5 years, as a qualified person.
Then no further need to exercise treaty rights in UK (assuming your PR is not then broken by a 2 year or more absence from UK).

You are allowed time off for good behaviour, that is short absences from UK whilst still exercising treaty rights to acquire PR.
As long as absences are less than 6 months per 12 month period (based on your anniversary of first entering UK) then continuity of residence should be maintained.

Looks like you have acquired PR by end of period from 2009 - 2014.

For your wife, when did she enter UK ?
And have you been married at least 5 years (since then) ?
Has she enjoyed any prolonged absences from UK?

[charlotte10]

Looking good.

No need to apply on basis of most recent 5 years, that is a common misunderstanding.

You acquire PR automatically once you have exercised treaty rights, continuously for 5 years, as a qualified person.
Then no further need to exercise treaty rights in UK (assuming your PR is not then broken by a 2 year or more absence from UK).

You are allowed time off for good behaviour, that is short absences from UK whilst still exercising treaty rights to acquire PR.
As long as absences are less than 6 months per 12 month period (based on your anniversary of first entering UK) then continuity of residence should be maintained.

Looks like you have acquired PR by end of period from 2009 - 2014.

Great, thank you for the quick reply! During my first period as a student in the UK (2004-2009) I spent almost a year away (exchange abroad 2006-07) and then returned to the UK again. If I understand it correctly this should be fine though, since it isn't part of the qualifying period?

For your wife, have you been married at least 5 years & when did she enter UK?
Has she enjoyed any prolonged absences from UK?

We have been married for just under a year and she is non-EEA, so for her we would be applying for a residence card as the family member of an EEA national, rather than permanent residence.

[noajthan]

We have been married for just under a year and she is non-EEA, so for her we would be applying for a residence card as the family member of an EEA national, rather than permanent residence.

The 2006 absence is immaterial (and may have broken earlier continuity anyway) as it appears you acquired PR a little later, from 2009-2014.

All good for RC.
If you apply at same time you will have to prove you have acquired PR (as sponsor) for that application too.