permanent residence without health insurance-family member

[mgosiaa]

Hi,
I am from Poland and i live in uk for 6 years , out of it for 4 years I have been working and last two years i am home with children. My husband has british passport and children also. I want to apply for permanent residence but when I called home office I have been told that I cant apply without this insurance. And on the next day when I rang them again other person said I can apply .
Any idea which answer is true ? I can or not?
thanks

[ohara]

If you have not been working for 2 years and haven't had CSI during that period, your PR clock has probably stopped and reset

[mgosiaa]

what about family member route? it has to count somehow ? or not?

[noajthan]

Hi,
I am from Poland and i live in uk for 6 years , out of it for 4 years I have been working and last two years i am home with children. My husband has british passport and children also. I want to apply for permanent residence but when I called home office I have been told that I cant apply without this insurance. And on the next day when I rang them again other person said I can apply .
Any idea which answer is true ? I can or not?
thanks

You need to be a qualified person, that is someone exercising treaty rights as a worker or selfemployed, or else a student or selfsufficient.
To acquire PR you need to have been exercising treaty rights continuously for 5 years.

if you are self sufficient you need to be holding CSI.

If you don't have CSI at this time your right to remain and reside in UK is tenuous.
You will have a derivative right based on your children but that cannot lead to PR. So get some CSI asap.

[mgosiaa]

What about husband who is british, qualified (working and paying for everything)? Is that helpful in my case or not? I am starting work soon so i dont need csi any more but wanted make sure if past years ate counting or have to start from 0 :/

[noajthan]

What about husband who is british, qualified (working and paying for everything)? Is that helpful in my case or not? I am starting work soon so i dont need csi any more but wanted make sure if past years ate counting or have to start from 0 :/

Yes, it helps because obviously if not working you are dependent on hubby.
But for the time to count you needed insurance (CSI) in place.

Your PR clock has been reset to zero so if you now go out to work you will have to work for 5 years before you can acquire PR.
Ofcourse with Brexit you may not now have time for that.

[mgosiaa]

Thanks !

[Richard W]

what about family member route? it has to count somehow ? or not?

To use the family member route, you have to be the family member of some one who has been exercising treaty rights, and a British citizen cannot exercise treaty rights in the UK.

I wonder if someone would care to explain how the OP might have a derivative right through the children. I believe responsibility is shared with an 'exempt' person, namely her husband, who is a British citizen, and therefore fails because

(7) P is to be regarded as a “primary carer” of another person if

(a) P is a direct relative or a legal guardian of that person; and

(b) P—

(i) is the person who has primary responsibility for that person’s care; or

(ii) shares equally the responsibility for that person’s care with one other person who is not an exempt person.

Is there a relevant omission in the EEA Regulations?

The more expensive family migration route should also be available, and would not be lost if Britain left the EEA. That will take 5 or 10 years, depending on family income, to reach indefinite leave to remain. Strictly, the OP has been here unlawfully for the past two years, so might be ineligible for citizenship for 10 years.

[noajthan]

As a Union citizen the OP has a supraregulatory or de facto derivative right based on children due to the element of proportionality to be factored into any administrative removal proceedings.

It would still be prudent for OP to regularise her position in UK asap.

OP, you will be unlikely to acquire PR in 5 years time as the tide of history is running against you;
you will have to rely on the British sense of fair play and any transitional arrangements that may be put in place. (Yet TBC).
Historically such transitional arrangements have typically depended on holding EU documentation.

Pro tip: suggest you apply for a RC anyway (as soon as you are a qualified person) just to register your presence in UK and to confirm your current status.
The RC will help to show you have skin in the game