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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Hello and thank you in advance,My husband came to UK in November

Customer Question

Hello and thank you in advance,
My husband came to UK in November 09 on a EEA family permit visa, I am from Northern Ireland so have dual British/Irish nationality.
He wants to apply for a permanent residence card in November however we have a gap of about a year in my exercising treaty rights, we have had 2 children since 2009 and I stayed at home to look after them while he worked, during this time we lived on his wage, tax credits and claimed housing benefit (which we still claim). This was a mistake on our part and our fault in not being clear about my requirement to exercise treaty rights after the visa was granted.
I have spoken to a lawyer who said that we could make the application anyway and in a covering letter argue that during the gap we were self sufficient and living on my husbands wage, I don’t really understand how as we claimed HB and tax credits, or we could argue that I was incapacitated as my husband was working and I needed to look after the children and had no family to help me with childcare. My questions are:
*Is it worth making and application on either of these grounds?
* If the application is refused, what happens next, what is my husbands immigration status then?
*Will a refusal jeopardise an application for a renewal of his current residence card, which runs out in April 15? He needs a valid residence card in his passport to keep his job.
Finally and unfortunately we are going to separate. Even though he works full time he will need to claim a top up of housing benefit to pay the rent.
*Is this allowed?
*Will this jeopardise any application for a permanent residence card, now or in the future or an application for a renewal of his current residence card?
Thank you for reading so far and I hope and would be so grateful for any advice you could offer. Below is the timeline of my exercising treaty rights if this is any help to you.
Nov 09-Feb11 Supply teaching
Feb 11-Nov11 Maternity (DWP)
Nov11- Sept12 JSA
Sept 12-Nov13 Gap
Nov13-present Self Employed
Thank you again
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi,

Yes, I'm ok to wait a bit longer.

Many Thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi,

I would like my money refunded.

Thank you.