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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I'm an EEA national and I'm about to apply

Customer Question

Hi I'm an EEA national and I'm about to apply for permenant residence as in January 2016 I complete 5 years in the Uk I have been 3 years as self employed but in January 2014 I had to cease self employment to care for my wife as she had an operation and since she can not walk without phisical assistance she gets ESA support group and PPI and I get carer's allowance as income to make a living we have 3 children aswell age 10, 7, and 5 years old to care for I have to mention that my wife and three children are non EEA nationals and have a five year residency card of a family member of an EEA national I also have a yellow registration card
My question is : Do I still apply as a qualifyed person and if so what evidence shall I submit to prove as qualified person thank you very much for your time to read it and for any response
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Hi I send a request on 11/11/2015 12:20 and a payment has been taken aswell I'm still waiting for the answer if you can resolve my query so I can start to prepare myself for the application
Expert:  Buachaill replied 1 year ago.
1. I regret to say that you won't get permanent residence or a residence permit in January 2016, when your current residence permit runs out as you do not fall, any longer, within the category of persons "exercising EU Treaty rights" whereby persons from EEA countries have the right to live and work in another EU country.
Expert:  Buachaill replied 1 year ago.
2. There are six categories of people who are "exercising EU Treaty rights" - namely workers, self employed persons, self sufficient persons, provider/recipient of services, students, retired persons. As you no longer work or provide services, you do not fall within any one of the categories.
Expert:  Buachaill replied 1 year ago.
3. As regards ***** ***** or inability to work - A person who has worked in the UK but temporarily ceases to work will not cease to be a person having the right to have a resident permit. For example if such person is unable to continue his employment due to illness, maternity leave, accident / injury or other unavoidable reasons, he does not lose the right to apply for a resident permit. Generally a person is not expected to have a break for more than six months. Here, whilst you could be considered to be looking after your wife, once six months has elapsed, you no longer are exercising treaty rights.
Expert:  Buachaill replied 1 year ago.
4. As regards ***** ***** receipt of public funds - EEA nationals residing in the UK would be expected to arrange for their maintenance and accommodation without recourse to public funds but any funds taken do not have any effect on their right to live and work in the UK. But work seekers (workers who have ceased to work because of involuntary redundancy) continue to have a right to live in the UK although they do not qualify for a resident permit. So even if you are a work seeker, you no longer have the right to qualify for a residence permit.
Customer: replied 1 year ago.
Thank you very much for your reply if my wife get better and I start a part time job do I still qualify?
Expert:  Buachaill replied 1 year ago.
5. Finally, the bot***** *****ne is I would advise you to return to some form of service provision or work in order to get your permanent residence. You do not have to show you are profitable. However, you do need to be "exercising EU Treaty rights" in order for your application to be successful.
Expert:  Buachaill replied 1 year ago.
6.. I would advise you to go back into self employment which you can do part time, such as driving a taxi, or whatever self employment you did previously
Customer: replied 1 year ago.
Thank you very much for your advice
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Sorry to disturb you again if I start a part time job now wich is the only option as I have to care for my wife and children how do I justify the time I was out of self employment for 22 months
Expert:  Buachaill replied 1 year ago.
8. You can spend six months out of work, minding your wife, before you have to re-start looking for work. However, once you are looking for work, then you are exercising Treaty Rights. This is good for another three months. However, provided you were self sufficient, you can look for work indefinitely.
Customer: replied 1 year ago.
Hi I'm intendet to write to you again after a research on the EEA Regulations.
"Worker or self employed person who has ceased activity"
Under the regulation 2006 regulation 6(3)
A person who is no longer in self employment shall not cease to be treated as a self-employed personfor the purpuse of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident.
There is no limit on the period of being out of self employment as long as the illness is not permenant.
Please refer once again to my original question before replying
Thank you
Expert:  Buachaill replied 1 year ago.
9. If you read heading no. 3 above, I have allowed up to six months for unavoidable purposes. But you are only allowed to spend longer than six months unemployed, if it is your own illness, not your wifes. The rules do allow longer if you are ill yourself. But not your wife.
Customer: replied 1 year ago.
In wich regulation the illnesses of whom are explained as in my case the purpuses are unavoidable for longer
Expert:  Buachaill replied 1 year ago.
10. The Regulations you cite are where the law is, but the illness must relate to the worker themselves. Otherwise you are simply not exercising Treaty Rights.
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
As far As I know the law is writen and explained to all the citizens so please tell me where is it writen so I can see it to that's why I'm seeking advise from you in case of refusal I can argue in base of fakts thank you
Expert:  Buachaill replied 1 year ago.
11. The piece you quoted is the relevant piece. I cannot point you to any different law or regulation.

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