Re: EEA PR employment gap

[samm202]

Dear Members,

I am a non-EEA family member and I will apply for PR next month. I have the following queries, I would appreciate if someone can answer ASAP.

1- My wife is an EEA national (qualified person) but she has 2 months missing from her employment. We have searched Jobsite and reed website where she had applied for jobs but it looks like they have been removed. This would be a problem?

2- For 1 year of employment, she has no payslips or P45. We asked her previous employer for that but they said that they have deleted all info and can't provide payslips or P60. Will HMRC work history will be accepted by Home office instead?

3- Considering myself is in full-time employment, so I will still depend on my wife work history?

4-My wife has 3 driving license points for speeding. If she applies together with me will it affect her or my application?

Thanks,
Sam

[samm202]

Hi,

Can anyone please update me on this?

Thanks,

[Phone]

In my opinion,
Should not be any problem, (refusal..)

Get 5 year work record from hrmc, takes about 40 days..

Make sure get this pr appliction done propley,

[samm202]

Thank you for the reply. I have another question, what if there are about 2 to 3 months gaps in work? in 2 years? My wife was registered with the agency but sometimes that agency had no work. Would this be a problem? considering 5 years of qualifying period is interrupted.

Thanks

[samm202]

Respected Members

I am a non-EEA family member and I will apply for PR next month. I have the following queries, I would appreciate if someone can answer ASAP.

1- My wife is an EEA national (qualified person) but she has 2 months employment gap in one year and about 3 months in another year. We have searched Jobsite and reed website where she had applied for jobs but it looks like they have been removed. This would be a problem?

Folks, you think this could lead to rejection of PR?

Thanks,

[CR001]

Topics Merged (click)

[samm202]

Hi,

Sorry, I was not aware if we can't open multiple threads for the same topics.

Does anyone have an update for me, please?

Thanks,

[123Shak]

Hi Sam am on same situation as you are my ex have gap of 2 month in 5 years.I have asked help from member but nobody replied on post yet.

[NikiGio]

You can have gaps of up to six months in any one year of the five - without needing to give any evidence of what you were doing.
So obviously a gap of two months is not an issue.

[rooibos]

You can have gaps of up to six months in any one year of the five - without needing to give any evidence of what you were doing.

Where do you get this from? It'd be good for me, though.

[NikiGio]

You can have gaps of up to six months in any one year of the five - without needing to give any evidence of what you were doing.

Where do you get this from? It'd be good for me, though.

This document: https://www.google.co.uk/url?sa=t&sourc ... 7CXxALs7GN
P.47 states that being abroad for up to 6 months in any 12 months of the 5 years does not break continuity.
So for each year of the 5, you could be abroad not working for 6 months and in the UK exercising treaty rights as a worker for the other 6 months.
Having said that - I don't know anyone who has tested this theory and got PR.
In my case - I didn't work for three months within the 5 year QP. I just put wgen my employment started and ended at each of my jobs, without further explanation or evidence other than the P60s. I wasn't asked for anything further and got PR.

[rooibos]

This document: https://www.google.co.uk/url?sa=t&sourc ... 7CXxALs7GN
P.47 states that being abroad for up to 6 months in any 12 months of the 5 years does not break continuity.
So for each year of the 5, you could be abroad not working for 6 months and in the UK exercising treaty rights as a worker for the other 6 months.
Having said that - I don't know anyone who has tested this theory and got PR.
In my case - I didn't work for three months within the 5 year QP. I just put wgen my employment started and ended at each of my jobs, without further explanation or evidence other than the P60s. I wasn't asked for anything further and got PR.

Yes, if you are going abroad, but that's not a gap. A gap, in my understanding, is when you cannot document what you have done in that period. A subtle nuance, but that makes a great difference.

[NikiGio]

On another immigration forum I'm part of, UKCEN, they advise that gaps in employment of up to six months, whether you were in or out of the UK, are fine - given once you have worked in the UK, you retain worker status for at least six months, sometimes more.
A number of people with multiple gaps in employment throughout the 5 years (all 6 months or less) have succesfully got PR.

[rooibos]

Yes, some have successfully got PR, some not. If you look at some earlier posts (maybe 1-2 years ago) you'll find some of these cases. It all depends on the caseworker, but, strictly speaking, you have to prove 5 years without gaps.

search.php?st=0&sk=t&sd=d&sr=posts&keyw ... 5&start=20

[rooibos]

On another immigration forum I'm part of, UKCEN, they advise that gaps in employment of up to six months, whether you were in or out of the UK, are fine - given once you have worked in the UK, you retain worker status for at least six months, sometimes more.
A number of people with multiple gaps in employment throughout the 5 years (all 6 months or less) have succesfully got PR.

NikiGio, could you please enable private messaging? Or can you please contact me by PM? (Sorry mods, but I can't find a way to PM the user directly!)

[NikiGio]

Hi Rooibos
No idea how to - don't think my account has tgat facility.
Wrote an e-mail to the mods about a month ago asking for PMs to be enabled - no answer.

[rooibos]

Hi Rooibos
No idea how to - don't think my account has tgat facility.
Wrote an e-mail to the mods about a month ago asking for PMs to be enabled - no answer.

Ok, what's the other forum you mentioned? I tried to register an account but it wouldn't let me.

[Casa]

@NikiGio Please desist from posting information on other forums. This is against the Board Ts&Cs, which you were required to read on registering.

[NikiGio]

@Casa

I read the T&Cs when I joined, and I've re-read them now.

Which part of the T&Cs page does not allow referring to other free advice forums?

I'm not advertising a commercial website as the other forum is a free site like this one, which offers advice verified by pro-bono lawyers.

I've also been asked to not post links to Twitter threads, even though I've seen posts where links to Twitter threads have been included.

This is the T&C page I've read:

announcements/terms-conditions-t3.html

Is there another T&Cs page which includes the ban on other free immigration sites and to Twitter links?

Happy to comply with the T&Cs, but like I said I wasn't aware that the above wasn't allowed as the T&Cs don't refer to a ban on links to other free immigration forums nor to a ban on Twitter links.