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cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13323
Experience:  Approved Immigration Expert.
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EEA national age 28 from France want to apply for permanent

Customer Question

EEA national age 28 from France want to apply for permanent residence. May 2007 Moved to Uk June 2007 Starting Working sept  2008 - Lost job(Preganancy ) Been looking for jobs (not registered with job centre and did not claim any benefits) Been living with Father also French national in UK who has been working since 2008. Child born in May 2009. been looking after my child (no benefits claimed) Started working again since 2010 currently working. When can i apply for permanent residence

Submitted: 3 years ago.
Category: Immigration Law
Expert:  cityguru replied 3 years ago.
Hi you do not actually have to apply for permanent residence you simply acquire it as a right after 5 years residence. you can however apply for a certificate by fling form EEA3 this now costs £55.

As long as you were working or living here on a self sufficient basis i.e. not claiming benefits etc then it should not be an issue. the only problem sometimes is if you used the NHS when you were not working and self sufficient then you should have had a health care policy - however you can also claim to be here as the family member of an EU citizen i.e. your husband so you should be fine
Customer: replied 3 years ago.

My husband is non-eea national (But has been working full time since 2007) and i did used NHS during pregnancy.

Also I have been living with my father(french national and has been working since 2007 -who has been supporting me during pregnancy when I was not working.

Expert:  cityguru replied 3 years ago.
Ok well they may challenge your right if you did not have private medical cover when you were not working.

did you have maternity leave when you were pregnant?

It is up to you if you want to apply for the certificate - you were clearly exercising eu rights form may 2007 until september 2008 and form 2010 onwards.

If you were looking for work in between then you should qualify alright.

I suspect they will not be too concerned if you have been here 6 years anyway Otherwise you can wait until your working period totals 5 years.

Incidentally you seem to suggest that you were made redundant because you were pregnant- it is too late now but that would have been unlawful
Customer: replied 3 years ago.
so u mean the 5year period will start again from 2010. Does this mean that any break in excercing treaty right will cache the first period?
Also as i mentioned that during the time i was not working my father has been supporting me financially whom i have been living with. he has been working since 2007. Can i be taken as dependent during that period as dependents also have right to reside.
Expert:  cityguru replied 3 years ago.
Yes if there is a break in continuity you have to show continuous residence so you need to argue that you were seeking work in the intervening period as unless you are under 21 you cannot really be here as your father dependent.

Is there a particular reason you are concerned to get a permanent residence stamp now? As I am sure you are aware you are free to live and work here anyway.
Customer: replied 3 years ago.

I have continously resided in U.K. since 2007. I was also issued a residence card in September 2007 for 5 years. I would have gone into maternity if not made redundant in September 2008. Although i have been looking for work during the gap (September08-apr-10), mostly this gap was due to maternity+child birth and early child care.

Expert:  cityguru replied 3 years ago.
Ok . I understand that but the legal position is that you have to be continuously resident in accordance with the regulations. the point of argument is whether in the period you were self supporting in which case you needed to have private medical cover. There is not clear legal precedent but the UKBa have a reputation for being difficult on some of these issuesSo you have a clear choice - apply on a an EEA3 which requires you to give a detailed list of what you were doing; or wait until you have clearly got 5 years residence.

I would apply because the worst case is that you are refused and it cost you £55. It has no effect on your status in the uk or your ability to apply later if you are refused.

you do not explain why you are so keen to do this now. You are entitled to be in the uk, you can travel freely and you have a right to remain whether or not you get the residence certificate so it is not practical issue from day to day.
Customer: replied 3 years ago.

From 2007 to 2013 total working period is 4 years 3 months, this shows that I am,,, and have been an active worker , how can the home office expect someone to work during peak maternity period, They can consider 9 months out from the gap and the other time i can argue that i have been looking for work.

Also I have some proof of jobs applications(emails) and had a couple of interviews during the gap.


Expert:  cityguru replied 3 years ago.
That is fine and I am sure you can make a case but it is not black and white as I have said. I wish you luck if you decide to apply - as I said before rejection has not effect at all on your right to be here

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