EEA PR certificate - Qualified Person

[karamba123]

Hi
Within my qualifying period of 5 years as a qualified person (worked almost continuously full and part time plus 2 maternity leaves from 2006 to 2011) I found a worrying 2 weeks period of looking for a job by myself only before getting registered with jobcentreplus. Would these 2 weeks disqualified me? At the same time though I lived with my durable partner who exercised treaty rights (we're both Polish, lived together for last 16 years, recently got married, he's the father of our children born 2007 and 2009, worked full time uninterrupted since 2006 and he has just been issued with permanent residence certificate). Should I put his name as my sponsor for these 2 weeks? If yes, what additional sections of EEA (PR) to fill in? Section 11 is suggested when you tick a "combination" of categories under 3.1 (a second tick). But should I also fill section 2 - my sponsor? This doesn't really match: "Complete section 2 with details of your sponsor if, during the relevant qualifying period, you have mainly had a right of residence as a family member or extended family member, or if you’re applying on the basis that you have retained your right of residence". I was mainly a qualified person...
Any help appreciated, thanks

[noajthan]

Be careful here.
Its not a good idea to switch to having a sponsor as unmarried dependent because, unless you have an EFM RC naming that sponsor, the time will not be counted towards acquisition of PR.
Therefore claiming such time will effectively stop your PR clock.

That brief pperiod should hopefully be accepted as jobseeking.
Anecdotally a short gap would be tolerated. No hard and fast rules on that though.

[karamba123]

I see noajthan, thank you so much, I can not afford the PR clock to be stopped even for a couple of days...
Looks like I need to scrap the idea of my partner's being a sponsor then.
The worse bit I don't have any evidence of looking for a job within these 2 weeks, I was genuinely checking all the local adverts, internet etc., but never got the comprehensive sickness insurance for this period; then I decided to get registered with jobcentreplus and actively seeking for a job (I hold the evidence for this). Any ideas what more I can write/tell them to support my application?

Just to add that we're both EEA.

[noajthan]

I see noajthan, thank you so much, I can not afford the PR clock to be stopped even for a couple of days... So need to scrap the idea of my partner's being a sponsor then. The worse bit I don't have any evidence of looking for a job within these 2 weeks, I was genuinely checking all the local adverts, internet etc., but never got the comprehensive sickness insurance for this period; then I decided to get registered with jobcentreplus and actively seeking for a job (I hold the evidence for this). Any ideas what more I can write/tell them to support my application?

Can it not be included in the same block of time as registering with JC.
Lump it together as 'jobseeking'.
You don't need to highlight it as such.

Do you also have good evidence to cover time on maternity leave? (during which time you should have retained worker status if you were a worker immediately before it).

[karamba123]

Can it not be included in the same block of time as registering with JC.
Lump it together as 'jobseeking'.

I never thought about it, you may be right, I am worried though they would say that I delayed the registration (finished employment on 26th Nov 2010 and got registered on 15th Dec)

Maternity leave should be ok as I retained a worker status.

I have some absences though which fit within allowed 180 days:

To sum up my qualifying period:
21.04.2006 - 22.07.2007 - working
22.07.2007 - 05.05.2008 - maternity leave
05.05.2008 - 01.12.2008 - re-engaged with the same employer
01.12.2008 - 28.02.2009 - going abroad, coming back on Saturday (unemployed status within this period)
02.03.2009 - 02.11.2009 - following Monday back to employment with the same employer
02.11.2009 - 26.11.2010 - maternity leave + holiday entitlement
26.11.2010 - 21.03.2011 - finish with my long term employement due to lack of a local childcare (my previous childminder left the area), started looking for a job within a nursery/childcare range, registered with Jobcentreplus.
24.03.2011 - 22.04.2011 - urgent visit abroad (had to stop looking for a job in that moment)

after my return from abroad on 22.04.2011 I decided to look after our children by myself and stopped looking for work therefore I can't use any further period as a qualifying one. I was re-employed in 2014.

[noajthan]

The first absence is not classed as unemployment - absences up to 6 months don't break continuity of residence.

You can't be a jobseeker prior to period of unemployment/non-employment so that end time may be a grey area.

[karamba123]

You can't be a jobseeker prior to period of unemployment/non-employment so that end time may be a grey area.

In that case my application has been ruined?
I went abroad to see my terminally ill auntie who in fact died shortly after. But I suppose anybody can say so and can't really put that in as it won't matter.

[karamba123]

Thank you for your advice noajthan.
If I may ask another question - should I try to send the application anyway or scrap it and try to go EEA family member/sponsor route? As I mentioned, my durable partner (we're both EEA) has been employed uninterruptedly since April 2006, we have the evidence of living together, have 2 kids and recently got married. He's PR certificate was issued in November 2016.
Is there any chance I could get PR, if yes, what route to choose? Any ideas please?
Thank you

[noajthan]

Thank you for your advice noajthan.
If I may ask another question - should I try to send the application anyway or scrap it and try to go EEA family member/sponsor route? As I mentioned, my durable partner (we're both EEA) has been employed uninterruptedly since April 2006, we have the evidence of living together, have 2 kids and recently got married. He's PR certificate was issued in November 2016.
Is there any chance I could get PR, if yes, what route to choose? Any ideas please?
Thank you

I said its a grey area.

As the absence was under 6 months you don't have to justify it. Although you can (with evidence eg medical record/death certificate etc) if you wished too.

The question is whether you acquired PR status during the jobseeking period. If so all good.
(Once you have the reached the holy grail of PR there is no need to exercise treaty rights so your subsequent activity is immaterial).
Or was there any delay, for any reason, that shifts your qualifying period out to the right.
- if so, the timeline could become problematic.

You can't apply as the dependent of your durable partner (for the period you were unmarried) unless you held an EFM RC in partner's name for that time.
Without it your PR clock will have stopped.

Suggest go ahead and apply in own right.
Caseworker in her wisdom will assess and weigh up your application based on all the evidence and information submitted.

[karamba123]

Thanks again... feeling so depressed right now.

You can't apply as the dependent of your durable partner (for the period you were unmarried) unless you held an EFM RC in partner's name for that time.
Without it your PR clock will have stopped.

I didn't realise that until you told me. I have always thought I could apply as his partner alternatively.

Suggest go ahead and apply in own right.
Caseworker in her wisdom will assess and weigh up your application based on all the evidence and information submitted.

I will try with slim chances though, apparently around 30% of current applications are being rejected.

Perhaps it would help if after my return from abroad I would've re-started looking for a job instead of taking maternal responsibilities.

[noajthan]

I didn't realise that until you told me. I have always thought I could apply as his partner alternatively.

Suggest go ahead and apply in own right.
Caseworker in her wisdom will assess and weigh up your application based on all the evidence and information submitted.

I will try with slim chances though, apparently around 30% of current applications are being rejected.

Perhaps it would help if after my return from abroad I would've re-started looking for a job instead of taking maternal responsibilities.

An extended family member is not eligible for a document certifying permanent residence or a permanent resident card if they have not previously been issued with one of the above documents (RC).

https://www.gov.uk/government/uploads/s ... als_v3.pdf
- page 32

Each case assessed on own merits so 30% does not apply to you.

[karamba123]

Applying for permanent residence
Under regulation 8 of the regulations you cannot consider an applicant to be the extended family member of an EEA national until they have been issued either a:
• registration certificate, or
• residence card.

Would that be a blue HO residence documentation? I have one issued on 03 August 2007, it says on it: Registration Certificate.

[noajthan]

Applying for permanent residence
Under regulation 8 of the regulations you cannot consider an applicant to be the extended family member of an EEA national until they have been issued either a:
• registration certificate, or
• residence card.

Would that be a blue HO residence documentation? I have one issued on 03 August 2007, it says on it: Registration Certificate.

Could be. Was it issued when unmarried? (on basis of same sponsor)

In that case your PR clock started when you got that RC assuming partner was a qualified or settled person.
And all your activity will be immaterial.

Did I mention that 30% doesn't apply to you.

[karamba123]

Yes, we were unmarried then, in fact we were both issued with the similar residence certificate ("UK residence documentation for a national of an EEA state"), we were obliged to apply for it after a year of uninterrupted working in UK. We had also both been issued with a registration card ("accession state worker registration scheme") which we had to apply within the first month of employment.

yes, you did mention the 30% factor...

[noajthan]

Yes, I were unmarried then, in fact we were both issued with the similar residence certificate ("UK residence documentation for a national of an EEA state"), we were obliged to apply for it after a year of uninterrupted working in UK. We had also both been issued with a registration card ("accession state worker registration scheme") which we had to apply within the first month of employment.

Panic may be over then - if your card was issued as partner's dependent.
If issued in your own right then its not an EFM RC.

If its an EFM RC, you can review hubby's timeline and evidence.
If it is rock-solid then you can apply as his dependent since sometime in 2007.
You should have acquired PR in 2012 - regardless of your travels and/or your maternity leave.

Or if you can make a case patching together a bit of dependency together with periods in your own right, you could try that instead.

If your card was issued to you (and I think it was actually) then you will have to apply in your own right.

Either way, if you make it, the PR is the same in the end.
That is the beauty and elegance of free movement!

[karamba123]

Right, I think I got it now... my Registration Certificate was not issued on the sponsor's basis, it was the continued 1 year uninterrupted work basis. So I cannot apply on the sponsor's basis, right?

[karamba123]

If your card was issued to you (and I think it was actually) then you wil have to apply in your own right.

And that was exactly what happened. What a tube I am. For such a long time I have been thinking that I can always apply for PR 'using' my paartner/husband in case of any gaps in my employment (bringing up our children!). Cannot happen.
Thank you for clarification indeed.

[noajthan]

Right, I think I got it now... my Registration Certificate was not issued on the sponsor's basis, it was the continued 1 year uninterrupted work basis. So I cannot apply on the sponsor's basis, right?

Yes that's my understanding of your case.

You are only a family member of a sponsor if you have a card issued on basis of that sponsorship (by named sponsor).
Because under UK's EEA Regulations that is how EFMs get treated as FMs, they have to possess an EFM RC (so optional RCs are not really optional for EFMs in the UK).

If you worked before maternity you can retain rights as a worker.
The 2 week gap you spotted can be glossed over.
Its just your final period that's a shade of grey.

[karamba123]

Thanks again Noajthan

Its just your final period that's a shade of grey.

My application is all prepared now and ready to send, however, I would like to know first what you/folks think.
If, as in my case, there is a possible risk of PR refusal, would you hold on the application for some uncertain period of time hoping for HO bureaucratic attitude towards EU residents to soften in the near-ish future...? Or, you would just send it anyway. I am worried that once my name is in the "refusal file" (in a black scenario) it would be much harder to change this status later, not to mention a possibility of getting the famous letter 'prepare to leave'...

[karamba123]

An update - I received the PRC yesterday! A bit of a shock for me, after only 4 weeks and some uncertainties. Thank you for your help noajthan. I am so pleased!