my non EEA spouse Permanent residence refused

[noajthan]

Have you helped yourself out by checking for the documents yet (CSI/EHIC/RC)

Otherwise you are looking at possibly acquiring PR sometime in 2020 or 2021 as explained above.

[Richard W]

Richard what can you suggest me to do?please

1. Get your husband checking what insurance he had for the costs of hospital treatment in 2010-2011. The likely possibilities are private insurance (serving as CSI), an EHIC issued by another EEA country (most likely Germany). An alternative would be a residence certificate. If you find one of these, it may solve all your problems.
2. Determine when your employer will next need evidence of your continuing right to work. What evidence does he currently hold?
3. Determine when your husband will complete six months as a jobseeker. That is the critical date by which he needs to be qualified as a worker or self-sufficient person. (Student is a less-privileged category of self-sufficent person.) To be self-sufficient, you will need CSI covering the entire family.

[ingridtjv]

Have you helped yourself out by checking for the documents yet (CSI/EHIC/RC)

Otherwise you are looking at possibly acquiring PR sometime in 2020 or 2021 as explained above.

Yeah I ve checked and he has no SCI/EHIC/RC by the time he was student

My question still remain: do I need to apply as soon as he get back to work or wait for 2020?

[noajthan]

Have you helped yourself out by checking for the documents yet (CSI/EHIC/RC)

Otherwise you are looking at possibly acquiring PR sometime in 2020 or 2021 as explained above.

Yeah I ve checked and he has no SCI/EHIC/RC by the time he was student

My question still remain: do I need to apply as soon as he get back to work or wait for 2020?

As explained before: by 2021 or thereabouts (as it seems sponsor's clock was stopped for some time up until 2015 or early 2016).
That is assuming there is no Brexit.

[ingridtjv]

Richard what can you suggest me to do?please

1. Get your husband checking what insurance he had for the costs of hospital treatment in 2010-2011. The likely possibilities are private insurance (serving as CSI), an EHIC issued by another EEA country (most likely Germany). An alternative would be a residence certificate. If you find one of these, it may solve all your problems.
2. Determine when your employer will next need evidence of your continuing right to work. What evidence does he currently hold?
3. Determine when your husband will complete six months as a jobseeker. That is the critical date by which he needs to be qualified as a worker or self-sufficient person. (Student is a less-privileged category of self-sufficent person.) To be self-sufficient, you will need CSI covering the entire family.

my employement is ending this week as I couldn t provide a PR and I curently not holding any evidence to work.
the 6 months period of my husband jobseeker is ending by sept 2016
thanks a lot

[Richard W]

Richard what can you suggest me to do?please

my employement is ending this week as I couldn t provide a PR and I curently not holding any evidence to work.
the 6 months period of my husband jobseeker is ending by sept 2016

My opinion is that you should immediately apply for a residence card (not a permanent residence card) on the basis that your husband is exercising his treaty rights as a jobseeker. I had hoped for some helpful advice on whether you should risk losing £85. The successful result would be getting a certificate of application with right to work, so that you can obtain or recover employment. If your husband is not exercising treaty rights, then the 4 of you are in the UK unlawfully and are liable to removal.

If your husband does not obtain employment by the end of September, and you cannot earn enough to pay for CSI for the 4 of you and take yourselves off benefits, then he will not be exercising treaty rights and the 4 of you will be in the UK unlawfully. If you can obtain work that pays well enough, then you should take out the CSI and notify the Home Office that your husband's status has changed from jobseeker to self-sufficient. If you do not notify them of a change in his status, then your RC application will be refused in December. If the change in his status is on the basis of your earnings, it has to happen while he would otherwise be a jobseeker, though you might be lucky and have it allowed at a later date.

The best solution is for your husband to change status from jobseeker to worker.

[noajthan]

OP, if you have children you may also be able make a play for a RC based on derivative rights;
eg child in education (if of primary/secondary age).

Derivative rights cannot lead to PR but may be enough to keep you on the straight and narrow and save your bacon.
However having derivative rights (whether you have a RC in hand or not) would help you counter any moves HO may choose to make in the direction of administrative removal.

See https://www.gov.uk/derivative-right-residence/overview

Best of British luck.