EEA national Treaty rights

[Audi71]

Could anybody tell me whats EEA national's treaty rights.

Me and my wife stayed together for more than 3 years in Uk.We got two kids but wife never had sickness cover insurance.
Also she applied child benefits.
What would happend if i apply for retaining rights.
Pls guide me

[bobobo]

You would need comprehensive suickness insurance if the EEA national was exercising treaty rights as student or self sufficient person.

Treaty rightys can be exercised as an employed, jobseeker, self employed, student or self sufficient person. As a jobseeker the limit by HO is 6 months and the eea national cannot access social assistance in UK.
To prove that the eea national is self sufficient you would need to prove:
a)Sufficient resources not to become a burden on the social assistance system of the United Kingdom; and
b)Comprehensive sickness insurance cover in the United Kingdom.

If you apply for retaining rights then you would need to prove that the eea national was exercising treaty rights. if you fail to prove this the application will be rejected.

[Audi71]

Thanks a lot bobobo
I will make sure next time not to post the same topic twice.

Can you pls explain a bit more that if my wife claimed child benefit for 2 kids and does it come under public fund and she is not allowed at all or she is?
Also if i apply comprehensive insurance right now Would it be acceptable.
Do i have any rights because of kids. First one is 20 months and another one is 5 months?
My wife's 3 years full cover though some education,some work and some pregnancy sickness.
Thanks

[bobobo]

Child Benefits are considered as Public funds
http://www.ukba.homeoffice.gov.uk/while ... blicfunds/
If you apply for insurance now the HO can accept it, it has done in some previous cases with people on this forum so I dont see an issue.

What rights are you refering to regarding your kids?
Below is the link that explains the rights of eea nationals
http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/
Also see the casework instructions for any specific query
http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

[ran]

Hi,

Just wanted to clarify a point:

If the EEA national was exercising treaty rights as a student then comprehensive insurance cover is needed only for the EEA national and NOT the non-EEA spouse.

If the EEA national was exercising treaty rights by being self-sufficient then comprehensive insurance cover is needed for both. (Although as discussed in other previous posts it is quite debatable interpretation of the Directive)

cheers,
ran