Non EEA national Spouse PR

[urspam]

Hi

I've recently submitted my application for PR as a spouse of EEA National. Home Office responded to me after 2.5 months stating application Refused. Options: "Appeal" or "Re-apply"

Reason:

1) 8 months gap in employment for treaty right purpose (August 2014 - April 2015)
2) No evidence provided for being a student for that period (Student period: Sep 2014 to June 2018)
3) No evidence of Comprehensive Medical Insurance to cover the period of 8 months.

Now:
We can provide the evidence of Full-Time Student with no problem. However, we don't have Comprehensive Medical Insurance to cover that period.

My wife was financially dependent on me as she needed some time off to prepare for university so she was unemployed for 8 months.

My question:

What's the best action to reapproach, "Appeal" or "Re-apply"?

How can I cover that 8 months as we don't have Medical Insurance?

As we know that Direct Family member of EEA National keeps the right to reside and work in the UK hence, there is no need to obtain the documentation. But, I want to see this LAW as I need to show it to my new employer to continue the employment. Could you please help?

Regards
MO

[jay.ho]

Can you share the date when you apply for PR and the date of refusal please

[secret.simon]

CSI (Comprehensive Sickness Innsurance) aka private health insurance for the EEA Citizen and all non-British family members is required when the EEA citizen is either a student or self-sufficient. Therefore, if the EEA citizen did switch to one of the two categories and did not have private health insurance as mentioned above, the refusal is quite correct.

The PR clock for the EEA Citizen and their family members would have been reset to zero and would only restart when the EEA Citizen restarted exercising treaty rights.

What is the EEA Citizen doing at the moment? Is she working or is she studying?

[urspam]

Hi

Thanks for your reply. She is currently studying and working too.

So, what are the options for me know as I'm running out of visa but I don't need to obtain a visa in order to stay in the UK, right?

[secret.simon]

So long as she is working "genuinely and effectively", you can reapply for a Residence Card. I think that if you have proven in your PR application that your wife is currently working, they should automatically give you a Residence Card, as it seems that you are not eligible for PR.

When did your wife start working continuously?

[jay.ho]

Can you share the date when you apply for PR and the date of refusal please

[urspam]

So long as she is working "genuinely and effectively", you can reapply for a Residence Card. I think that if you have proven in your PR application that your wife is currently working, they should automatically give you a Residence Card, as it seems that you are not eligible for PR.

When did your wife start working continuously?

She is in continuous employment from April 2015 to date.

[jay.ho]

He is asking about PR not RC also can you please share the date as well please

[secret.simon]

He is asking about PR not RC

So, what are the options for me know as I'm running out of visa but I don't need to obtain a visa in order to stay in the UK, right?

The advice regarding applying for an RC was in response to this query.

A family member of an EEA citizen has the right to reside in the UK as long as the EEA Citizen is exercising treaty rights in the UK. If s/he is exercising treaty rights at the moment, but has not done so for five continuous years, their spouse should be issued with a Residence Card, which will allow him to continue working in the UK.

She is in continuous employment from April 2015 to date.

Assuming that she takes no further breaks, or has CSI/private health insurance to cover those breaks, she (and you) should acquire PR In April 2020.

[urspam]

Did you mean I'll need to apply for Residence Card rather than PR?

[secret.simon]

As I understand it, if you have supplied proof that your EEA citizen wife is currently exercising treaty rights (by working), but she has not done so for any block of five continuous years, then the Home Office should automatically issue you with a Residence Card.

[urspam]

I've consulted a Barrister who suggested exactly same as the moderator mentioned.

Thank you for your help and advice.