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EU national family - exercising treaty rights

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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WhoKnows
Newbie
Posts: 32
Joined: Mon Oct 10, 2016 8:04 pm

EU national family - exercising treaty rights

Post by WhoKnows » Mon Feb 27, 2017 11:01 am

Hi there,
Where both partners are EU nationals and are living as a family with heir EU national children and only the husband is self employed and the wife is taking care of children and children are in secondary school, is only the husband exercising treaty rights? What about the wife and children and taken that no comprehensive medical insurance is in place.

Thanks for any help in clarifying the above.

dapto10
Junior Member
Posts: 71
Joined: Thu May 19, 2016 12:38 pm

Re: EU national family - exercising treaty rights

Post by dapto10 » Mon Feb 27, 2017 5:07 pm

Hello WhoKnows,

I'm not an immigration solicitor but I believe the kids would be fine as they are effectively dependents and the self-employed husband could sponsor them (include them in his application).

The wife though will have to prove she had exercised Treaty Right for 5 years. In case she doesn't have a CSI and she can't prove employment / self-employment, then things could be very difficult / impossible for her in regards to EEA PR.

kamoe
Respected Guru
Posts: 1351
Joined: Mon Sep 07, 2015 10:57 am

Re: EU national family - exercising treaty rights

Post by kamoe » Tue Feb 28, 2017 11:31 pm

WhoKnows wrote: only the husband is self employed and the wife is taking care of children
Then the wife is not exercising treaty rights herself. She can apply as dependent, on the basis of her husband's exercising treaty rights.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

LillyPearl
Newly Registered
Posts: 11
Joined: Fri Feb 19, 2016 8:14 am

Re: EU national family - exercising treaty rights

Post by LillyPearl » Wed Mar 01, 2017 3:46 pm

But if the wife is an EEA national and she does not have CSI, can she still apply as a dependent?
Also, would she need to apply using EEA(PR) or EEA(FM) ?

I am confused by the guidance here (scenarios 3 and 4, page 20)
https://www.gov.uk/government/uploads/s ... als-v4.pdf

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