Clarification on requirements for PR under SS

[thecanadianjen]

Hi there!

I lived in the Eu with my husband in 2013-early 2014. We moved to the UK from Malta in August of 2014. I applied for my RC in August and it was accepted in Jan 2014.

My PR application then would be allowed to be submitted in August of 2019.

I know there have been changes but even having read the documents I have to admit some confusion. So I wanted to clarify, are they saying that any time that my British Citizen husband say had off of work (no job) if he wasn't registered as job seeker, that time means we had to be registered for CSI or I can be denied my PR?

He had a gap of work for 5 months but we weren't on any benefits or anything as I had a well paying job (I'm the non-eea). Previously that wouldn't have mattered because of EIND. But it looks like now it does? Would we be covered under some kind of transitional and it's only apps since Nov 2016 that are being penalized like this or does it mean since Nov 2016 he has to have been working or registered as jobseeker for that entire time for me to qualify under that period for PR?

Sorry for the confusion I'm just trying to understand where we are for this.

Thanks for any answers or help

[BritCits]

Presumably you mean the RC was issued in Jan 2015 (rather than 2014?).

So where the RC was issued prior to 25 Nov 2016, the requirement for CSI for the non-EEA spouse where the British sponsor is not working applies only for the period since 25 Nov 2016. Hopefully the 5 months of not working in your situation was pre this date.

If it wasn't then yes could be a problem, but if you have an EHIC issued by another member state they MIGHT accept that. If not, then there's not much you can do - although at PR stage your husband would need to show activity of working for every year since 25 Nov 16 - HO only requests one document per year so it may not even be clear to them that your husband wasnt working for a part of that year. Worst case, you may just need to explain that you didnt know of the changes -not an excuse they will look at kindly - but if NHS wasnt used it may also not be as much of an issue. At appeal stage judges may well be fairer.

Finally, by the time you are eligible to apply for PR in August 2019, the settled status scheme is supposed to be in place so that may well be less onerous in terms of documentation.