Maternity allowance and permanent residence

[tharsos]

Hello,
Soon it will be 5 years since my wife registered as self-employed in the UK, so she would like to apply for permanent residence. However, during this time she claimed maternity allowance 3 times, each time for 9 months. While on maternity allowance she was not allowed to continue working as self-employed without losing the right to claim maternity allowance, so she did not work. However, she did work as self-employed all the time throughout this 5 year period, except the 3 times she claimed maternity allowance. Would she quality for permanent residence, keeping in mind that she did not have private health insurance while claiming maternity allowance?

Thank you for any answers.

[noajthan]

Start here:
https://www.freemovement.org.uk/eu-citi ... d-reasons/

[tharsos]

women can leave work up to 11 weeks before their due date, they can be a job seeker or worker at the start of the period of absence, can retain the status of worker for 12 months following childbirth

This could apply in our case, however I wanted to emphasize that she was self-employed, so did not hold a contract of employment. Is there reason to believe that there are any different rules for self-employed and employed workers?

[noajthan]

women can leave work up to 11 weeks before their due date, they can be a job seeker or worker at the start of the period of absence, can retain the status of worker for 12 months following childbirth

This could apply in our case, however I wanted to emphasize that she was self-employed, so did not hold a contract of employment. Is there reason to believe that there are any different rules for self-employed and employed workers?

Here's a member in dispute with HO over that very point:
http://www.immigrationboards.com/eea-ro ... y#p1445225

[Olimpia]

Hi.
Just to clarify that I am not in dispute with HO as I didn't apply for Permanent resident card yet, I am in dispute with HMRC over child benefit and now that they agreed I keept my status as a Self-employed due to my illness ( which last until the day when the child was born) I pointed out that I was a qualified person for 5 years.
Does anyone know if this rule still apply or it was abolished ??
"CIS 1042/2008 were the commissioner held, accepting a concession by the Secretary of state that a Self-employed person taking a period of maternity leave from her Self-employement remains a person who is self employed during that time"