EEA national qualified for permanent residence 4 years ago

[gothical]

Hi,

My wife is an EEA national from Lithuania and studied from September 2006 till november 2009 in a university and worked part time (with p60s for each year) from 2008 till the end of 2012. She hasn't worked since then till last month and now she's in permanent work now. We got married in June 2012 and my EEA2 visa is ending next year in December.

I read somewhere that as she has been a qualifying person for more than 5 years (although it was 4 years ago) she automatically is a permanent resident? Also, Can I apply for EEA4 permanent residence visa next year in June?

My main concern is she hasn't been a qualified as an EU national for the last 4 years but was before for around 6 years before that(We have all documents proving this University/Payslips/P60s). I'm not sure what to do or what would be best. Thanks for reading this and for your suggestions in advance.

Kind regards,
Al

[Obie]

Did she have a medical insurance when she was a student?

[Casa]

Hi,

My wife is an EEA national from Lithuania and studied from September 2006 till november 2009 in a university and worked part time (with p60s for each year) from 2008 till the end of 2012. She hasn't worked since then till last month and now she's in permanent work now. We got married in June 2012 and my EEA2 visa is ending next year in December.

I read somewhere that as she has been a qualifying person for more than 5 years (although it was 4 years ago) she automatically is a permanent resident? Also, Can I apply for EEA4 permanent residence visa next year in June?

My main concern is she hasn't been a qualified as an EU national for the last 4 years but was before for around 6 years before that(We have all documents proving this University/Payslips/P60s). I'm not sure what to do or what would be best. Thanks for reading this and for your suggestions in advance.

Kind regards,
Al

If I've understood correctly, between Sept 2006 and Nov 2009 your wife was studying but not employed. Did she hold Comprehensive Sickness Insurance (CSI) during this period? Although technically I believe this was only enforced by the Home Office post 2011.

Edit: Post by Obie while I was editing.

[gothical]

Hi Casa and Obie,

Thanks for your reply. She doesn't have CSR for her student years but did mention she has medical insurance in Lithuania. Not sure if it covers UK.

Also, I've now looked at more documents she has and she first started part time work in september 2008 and her last date of work was end of 31st of march 2013 but she claimed holidays on august 2013 and was paid in 5th of september 2013 again.
In between she might have been off work a month every year when she went back home. Does this mean that she qualifies for 5 years as a part time worker?

Thanks,
Alice

[noajthan]

Apart from tracking down the foreign insurance to check its coverage/applicability, the question about work and category of qualified person turns on whether work was genuine and effective or marginal and supplementary to some other activity, for example: study.

• Were there gaps in the periods of work?
  What sort of hours were worked?
  Was tax and NI due (and paid)?

Lithuania is an A8 country so did spouse/sponsor register for WRS; that is, fully and properly, and at the appropriate time and for the necessary duration?
Documentation?

[gothical]

Hi noajthan,

There was maybe a month gap in the period of work every year apart from the final year but she was still employed then, just not taking any part time work after March.
She mostly worked 20-50 hours a month.
She was employed by a company so they were paying her tax and NI.

I think she only registered for WRS towards the end of 2009. We have payslips for every month since 2008.

Thanks,
Al

[noajthan]

Hi noajthan,

There was maybe a month gap in the period of work every year apart from the final year but she was still employed then, just not taking any part time work after March.
She mostly worked 20-50 hours a month.
She was employed by a company so they were paying her tax and NI.

I think she only registered for WRS towards the end of 2009. We have payslips for every month since 2008.

Thanks,
Al

Continuity of residence is not broken by absences from UK of up to 6 months in a 12 month period (based on anniversary of entry to UK);
gaps in economic activity whilst in UK will be problematic.
Only 20-50 hours of work a month may mean the work is deemed marginal and supplementary to student activity.

For example, sporadic term time gaps in work will be problematic especially if otherwise a student with no CSI or alternative.
Did spouse have a RC (issued to her as a student) during or before 2011

Note Unregistered work (no WRS certificate) will not be counted and PR clock won't have been running.

Sponsor may get away with late WRS registration if she then fulfilled the requisite 12 month period including transferring registration between any change of employer.
Sounds like PR clock may have started as late as 2009.
Any break in WRS registration in first 12 months will have blown it.

There may also be consequences for any such technically illegal unregistered work if sponsor has ambitions for citizenship at a later date.