EEA-PR application with a 15 days gap in CSI conitnuity

[fufilnikku]

Good day All,

I used this forum about 5 years ago when I made an EEA Residence Card application. Now that it's been roughly 5 years, I am considering the option to apply for a joint EEA-PR application for my wife, daughter and me especially in the wake of the BREXIT vote and its possible ramifications for EEA nationals and their non-EU family nationals. The following provides a summary of our EEA timeline:

I married my wife, an EEA national in April 2011 and made the EEA2 application in December 2011. At the time, my wife had just finished her maternity leave and she decided to take a break from work and look after our new-born daughter (born in June 2011); hence, we had made the EEA2 application with her treaty rights as being exercised as a ‘self-sufficient’ EEA national. Prior to the application, I had already arranged for a comprehensive medical insurance for both of us beginning on 1st October 2011 (12 months policy). The Home Office received the application on 12th December 2011 and they issued the Certificate Of Application (COA) in January 2012. Subsequently, the EEA2 Residence Permit was issued on 27th February 2012. Later in 2012, I renewed the Comprehensive Medical Insurance for my wife, my daughter and me in October 2012 with another provider beginning on 16th October 2012 (a 15 days gap between the expiry of previous policy and activation of new policy). This policy has since then been renewed each year and is still in place.

As I understand the 5-year qualifying period starts from the date of marriage (rather than issue date of Residence Card), I have started gathering supporting documents for the EEA-PR application. However, I am not certain about the impact the 15 days gap (01/10/2012 - 15/10/2012) in CSI continuity may have on our joint EEA-PR application. My wife was issued a EHIC by UK which expired in 2015 which in theory would have covered the 15-day gap but as I understand UKBA now doesn't accept EHIC issued by UK as an evidence of CSI.

My options now are:
1. to apply for a joint-application of EEA-PR now or,
2. to apply for another EEA Residence Card before the expiry of current Residence Card (27/02/2017) and then apply for EEA-PR in October 2017.

I would be immensely grateful for your advice. Much appreciated.

Regards

S.G.

[noajthan]

You do not appear to have CSI in place in early 2011.
What was sponsor/spouse doing from April-Oct 2011?

Has sponsor/spouse fallen into any other category of qulaified person in subsequent years?

UK EHIC doesn't help cover the gap.
Check policy to see if there is any possible carry over or grace period regarding policy expiry that might tide you over the gap.

You could apply anyway and see what happens (submitting evidence of both policies).
You risk only the fee.

Otherwise if risk-averse it appears your PR clock started with 2nd policy in October 2012 and will run to Oct 2017.

[fufilnikku]

You do not appear to have CSI in place in early 2011.
What was sponsor/spouse doing from April-Oct 2011?

Has sponsor/spouse fallen into any other category of qulaified person in subsequent years?

UK EHIC doesn't help cover the gap.
Check policy to see if there is any possible carry over or grace period regarding policy expiry that might tide you over the gap.

You could apply anyway and see what happens (submitting evidence of both policies).
You risk only the fee.

Otherwise if risk-averse it appears your PR clock started with 2nd policy in October 2012 and will run to Oct 2017.

My wife was on maternity leave (maternity allowance) from March 2011 to December 2011. Since then, she has been 'self-sufficient' with a CSI policy and remuneration from my job.

[noajthan]

My wife was on maternity leave (maternity allowance) from March 2011 to December 2011. Since then, she has been 'self-sufficient' with a CSI policy and remuneration from my job.

ML is a valid way to retain worker status (if backed with appropriate evidence).

Are you able to stretch policies to cover the gap?
Otherwise when to apply depends on your attitude to risk.