Help with my EEA PR Application

[lelelndn]

Hi All,

My name is Marco and I am Italian and I moved to UK back in 2008.

I have worked full time from September 2008 to November 2009 than I went studying.
I was a Student from 2010 till 2014, Foundation + A Degree in Music Performance

During the first period (Roughly from November 2009 till August 20011) I did not work at all, but I was self sufficient ( personal saving plus family help) and I had no Comprehensive Health Insurance, as I just found out that this was a requirement.

From that point, I started working part time for a company ( September 2011 - June 2013) still studying. Not Employed for 3 months (again, no comprehensive Health insurance) Than found a new job. An worked there part time till the end of my studies and passed on full time from July 2014.

I Changed Job again December 2015, this time with no gaps between employments.

I want to also make clear that I have never left the country, apart from normal holidays, (maximum 30 - 40 days away in a year) and I always had a permanent address.

Where do I stand in therms of getting my EEA PR ?

1) Will the time I was a student without The health insurance count at all?
2) If not, will it make the "PR CLOCK" reset or will my first year of work be counted?
3) Will the 2/3 months gap between employment in 2013 make my " PR CLOCK" Restart?

I came here after contacting the Citizen Bureau Which was not very helpful at all as they were not sure about the whole thing and didn't know how important the comprehensive Health insurance was.

Thank you very much for your Help and Advice, I hope someone will be able to help me out a bit

Best Wishes


Marco

[Wise]

Your only hope is get your full time employment paperwork from 2008 to 2009 with following 4yrs of your studying making 5yrs of treaty right and include school result and study related paper work and as you have stated you don't have CSI, but if you have EHIC (European health insurance card) that cover you and valid throughout that period you will be fine to apply for PR now. Or during those period your parent back home have your name with theirs on any family Insurance back and you can proof it backdated you can use that as well. I have read in this forum that a member use that and it was accepted.

Mind you you need to translate that to English from your Consulate here in UK if is written in other language.

Again 2/3 will not affect you but the money you make on your part time job may be use against you if very very low. You can read the EU case law on HO website and see how they see part time work been effective.


Apart from all these, am afraid your residency will restart and unless there's option from Brexit negotiation which i think is possible.

Good luck.

[MrSlyFox]

Hello Marco,

1) Will the time I was a student without The health insurance count at all?

During your school/self-sufficient period perhaps you had an EHIC from Italy (a UK one doesn't count)? Otherwise 2009 - 2011 doesn't count.

2) If not, will it make the "PR CLOCK" reset or will my first year of work be counted?

No it does not count, you require a continuous five year period of being a qualified person. I.e. your PR clock reset.

3) Will the 2/3 months gap between employment in 2013 make my " PR CLOCK" Restart?

Provided the Home office deems you a worker (see next paragraph) for the part-time employment (Sepmeber 2011 - June 2013) you may retain that status for a period of time or become a job seeker, in my opinion, you still should be a qualified person if the Home Office deems you qualify as a worker for the period between September 2011 - June 2013.


Working part time for a company (September 2011 - June 2013) may be counted as work if it's deemed "genuine and effective work and not marginal and supplementary". The Home Office should be satisfied you are a worker if you were paying Class 1 National Insurance Contributions for the period you were working. (Known as meeting the PET test).
- See page 11, European Economic Area Qualified Persons https://www.gov.uk/government/uploads/s ... 4_0EXT.pdf


So If you are deemed a worker from September 2011 - now you should have acquired Permanent Residence or had a Italian EHIC as a student.

[Khnuk]

Hi everyone
This site very helpful and I need advice please
I'm non EEA
1-got married with Eea Spouse in 2nd March 2012
2-got RC in 5 September 2012
3-expire date 5 September 2017
My 1st question
In 2nd March 2017 will 5 years from Marriage date
In 5 September 2017 will.5 years from RC
MY EU spouse got her PR in January 2016
When am I eligible to apply for PR ?
Thanks in advance