I Am Portuguese, Been In The Uk Since 1998 Student Till 2004, Then Full Time Employment To 30616

I am Portuguese, been in the UK since 1998 (student till 2004, then full time employment to 30/6/16 when I stopped working with pregnancy) & married to a British since Sept 2011. I am applying for the document certifying my PR status via EEA/PR form:1)Am I still a 'qualified person' since I have stopped working from 30/6 and currently on career break? (I have savings) 2) Is it acceptable to submit evidence and information (e.g. P60, employer's letter, proof of address, details of countries visited etc) for the past 5+ years (up to Feb 2011) only, being the 'qualifying period'? It is almost impossible to go as far back as 1998!3) Do I need to, or should I, apply as a family member of an EEA national qualified person / PR as my husband is British? He is currently not my sponsor. Thanks

I am Portuguese, been in the UK since 1998 (student till 2004, then full time employment to 30/6/16 when I stopped working with pregnancy) & married to a British since Sept 2011. I am applying for the document certifying my PR status via EEA/PR form:1)Am I still a 'qualified person' since I have stopped working from 30/6 and currently on career break? (I have savings) 2) Is it acceptable to submit evidence and information (e.g. P60, employer's letter, proof of address, details of countries visited etc) for the past 5+ years (up to Feb 2011) only, being the 'qualifying period'? It is almost impossible to go as far back as 1998!3) Do I need to, or should I, apply as a family member of an EEA national qualified person / PR as my husband is British? He is currently not my sponsor. Thanks

Public Answer

Thank you for your question.

As you have only recently stopped working it is likely that you will be still a qualified person. You may wish to consider obtaining comprehensive sickness insurance however, otherwise you may lose your status because at present you are exercising your Treaty rights as a self-sufficient person and self-sufficient people must have comprehensive sickness insurance.

You evidence for the last five years should be adequate proof of your status as a qualified person.

It is unlikely you need to apply for permanent residence as a family member as you probably have permanent residence status in your own right.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.

I look forward to hearing back from you soon.
Best regards,

OTS Solicitors

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