Awan-Legal : Hi
Awan-Legal : Thank you for requesting me.
Awan-Legal : In order to apply for permanent residence, you must have worked continuously in the UK for the past five years, so from October 2006 to October 2011. It does not matter whether you informed the Home Office or not since you are entitled to live and work in the UK as a Polish national. The main thing Is that you paid taxes and have evidence that you worked in the UK. To meet the requirement for permanent residence though you will need to show that you did not have a gap of more than six months in the five year period. I have worked out five months from the information that you have given me so if there was a one month gap in the jobs you did between January 2009 to March 2009, then you can apply for permanent residence in the UK, otherwise you may need to wait until there is less than a 6 month gap in your employment (eg February 2007 to February 2013).
Awan-Legal : Please click accept on my answer and let me know if I can help with any other questions.
I asked you 2 part question and you answered me just one part . Second part was:I have been married to Thai lady since October 2011 and she got this kind of visa ( Family Member of an A8 National Under Worker Registration Scheme - valid until 22 November 2011 , Date of issue 6 April 2011) so my question is: what kind of application she need to send to get right to be here. we are confused because I have been here long and I do not know if I could have residency maybe she could apply for different visa. also take into consideration that I got working registration certificate since 10 november 2010 and her visa expires on 22 november 2011. it is not full year of working for me under working regitration scheme before we send my wife application We are really lost , so please answer me this second part .
Also to mention I think I had a gap longer than 6 months. does that mean that if I work for example 3 years and I have a 7 months gap and then I work again for 2 years continoulsy then I can not apply for residency . I will have to start working again and work 6 yeras without break?
does this 3 years will be erased from my account ? because it is possible that you work 3 years and then you lose job and then you find after 7 months. if the situation like this repeat does it mean i will never be able to apply for residency?
if you answer me this second part question regarding my wife visa I will accept your answer and your will get money right away .
Awan-Legal : Hi
Awan-Legal : You will be ok on the residence requirement so long as you have not spent more than 6 months our of the country per year for the past five years. If you have a gap of 7 months in one year then you could always explain the situation to the Home Office. It is then at their discretion to grant you permanent residence but if you are only one month over in one year, have been looking for work and explain the circumstances, then hopefully they should grant the residence permit.
Awan-Legal : With regards XXXXX XXXXX she has to complete five years as your partner in the UK and will only be entitled to apply for permanent residence once she has been in a relationship with you for five years (this an include time in the relationship before the marriage) so long as you continue to work for the five years as above (with gaps not longer than 6 months per year). In the meantime, she can apply for a five year residence permit on form EEA2, which will confirm her right of residence in the UK as your spouse during this period. Although you may be entitled to permanent residence, she must have been your partner/spouse for five years before she can apply for permanent residence.
Awan-Legal : Kind regards.
Awan-Legal : Also, the date can be backdated to October 2006 as although you had short breaks to Poland this is ok so long as you had the intention to come back to the UK and work/eventually settle.
ok thank you very much this is quite clear