PR application: Genuine & Effective Employment

[Danlieb]

Hi there,

My spouse is an EEA national and I am a non-EEA national. I have been working a full-time job ever since we arrived in Oct 2011 and supported my spouse initially. We would now like to apply for PR but we're wondering about the 5-year qualifying period.

Relevant dates for Spouse:
mid Oct 2011: Arrival + Job-seeker
Feb-June 2012: Job 1 - part time, casual contract - £250 per month
July 2012 - present: Job 2 - full-time, permanent

The problem with Job 1 is that we don't know whether it will be considered genuine and effective. My spouse got below the Primary Earnings Threshold so didn't have to pay class 1 NI contributions on the £250 per month salary). But my spouse has all the payslips from this period of time and was also a job-seeker during this period.

Unfortunately, we didn't apply for comprehensive insurance till 2013, so my spouse can't put down self-sufficient during this period.

However, my family permit was converted into my 5-year residence card during this period (in May 2012). I know for sure that the Home Office rang my spouse's place of employment to find out the employment details. My question is, does this mean that they considered the employment genuine and effective enough for my family permit to be extended to cover 5-year residence?

I could calculate the qualifying period for our EEA(PR) application from July 2012 onwards (when my spouse got a full-time permanent job), but this means I first have to apply to renew my residence card for another 5 years using the EEA(FM) form (which I should be doing now since it expires in May 2017). It just seems like added expense. We also want to apply for PR as soon as possible in the light of Brexit.

Could anyone advise me as to whether my spouse's first job will be considerd genuine & effective?

[noajthan]

Hi there,

My spouse is an EEA national and I am a non-EEA national. I have been working a full-time job ever since we arrived in Oct 2011 and supported my spouse initially. We would now like to apply for PR but we're wondering about the 5-year qualifying period.

Relevant dates for Spouse:
mid Oct 2011: Arrival + Job-seeker
Feb-June 2012: Job 1 - part time, casual contract - £250 per month
July 2012 - present: Job 2 - full-time, permanent

The problem with Job 1 is that we don't know whether it will be considered genuine and effective. My spouse got below the Primary Earnings Threshold so didn't have to pay class 1 NI contributions on the £250 per month salary). But my spouse has all the payslips from this period of time and was also a job-seeker during this period.

Unfortunately, we didn't apply for comprehensive insurance till 2013, so my spouse can't put down self-sufficient during this period.

However, my family permit was converted into my 5-year residence card during this period (in May 2012). I know for sure that the Home Office rang my spouse's place of employment to find out the employment details. My question is, does this mean that they considered the employment genuine and effective enough for my family permit to be extended to cover 5-year residence?

I could calculate the qualifying period for our EEA(PR) application from July 2012 onwards (when my spouse got a full-time permanent job), but this means I first have to apply to renew my residence card for another 5 years using the EEA(FM) form (which I should be doing now since it expires in May 2017). It just seems like added expense. We also want to apply for PR as soon as possible in the light of Brexit.

Could anyone advise me as to whether my spouse's first job will be considerd genuine & effective?

A RC is not mandatory - its not a 'visa'. Although with Brexit looming any/all EU-related documentation would appear to be a worthwhile investment.
And £65 is not a great outlay - compare that to costs for hard-pressed folks on UK migration route.

Failing MET/PET does not (or should not) lead to instant refusal of confirmation of PR; after all that test is outside EU law and each case has to be assessed on own merits.But failing the threshold would lead to further investigation.

You could apply now.
If refused apply again when you have more solid supporting evidence (perhaps mid-2017)

[Danlieb]

Thanks for the advice, Noajthan. Much appreciated!
Yes, you're right £65 isn't that much and I guess I could wait till mid-2017. I just hope whoever/whatever it is that's helping to delay the triggering of Article 50 continues till then!

[Danlieb]

Hi all,

This is in relation to the above post.

My 5-year residence card expires at the end of May, so I am hoping to renew it now. I was just wondering whether I should just apply for permanent residence and chance my luck with my EEA spouse's 6-month employment period which UKVI could possibly judge to be NOT genuine and effective.

In that case, would they simply give me another 5-year residence card?

And if I've had my PR application rejected once, does this reflect badly on the next time I apply?

Your thougts are much appreciated.

[Danlieb]

Hi,

Do you need to provide proof of CSI if you are a worker with genuine and effective employment?

From the literature, I've been led to believe that having CSI is a must to be considered a QP under the category of student or self-sufficient person.

[Danlieb]

Did you have any alternative to CSI during those carefee student years?

For example:

• Foreign EHIC;
  RC issued to you as a student during/before 2011;
  Potential EEA qualified person to act as sponsor;
  Cover from parent's foreign health insurance that extends to you:
  Reciprocal health cover from your country to UK;

My EEA spouse didn't have CSI for 6 months while working part-time and earning £250 a month at a university.
I (non-EEA) was the main breadwinner in the family and was helping my spouse out during this time as I was working full-time at the same university.
Does this count for self-sufficiency? Or does it have to be a QP who provides a written letter saying s/he is acting as a sponsor for the EEA national?

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

CSI is only for student or selfsufficient qualified persons.

If someone is working and studying they have to prove work is genuine and effective and not supplementary and marginal to studies in order to be considered as a worker qp.

[Danlieb]

Hi Noajthan

My spouse was not studying at the same time, simply on a casual contract at a university as a note-taker for 5 months without CSI. Hours worked were dependent on how many students needed said services every month, which worked out to around 40 hours a month at £9/hr gross.

Tax was deducted only on the first payslip, which came after 2 months of working there as spouse didn't submit timesheet on time during the first month.

Would it be advisable to get the employers to write a letter stating as much?

[noajthan]

Hi Noajthan

My spouse was not studying at the same time, simply on a casual contract at a university as a note-taker for 5 months without CSI. Hours worked were dependent on how many students needed said services every month, which worked out to around 40 hours a month at £9/hr gross.

Tax was deducted only on the first payslip, which came after 2 months of working there as spouse didn't submit timesheet on time during the first month.

Would it be advisable to get the employers to write a letter stating as much?

This may not be enough to pass the genuine and effective test.