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Letter confirming Treaty rights

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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mecsumit
Newly Registered
Posts: 5
Joined: Fri Mar 16, 2018 12:04 pm
India

Letter confirming Treaty rights

Post by mecsumit » Sun Feb 24, 2019 10:59 pm

Hi all,
I am writing here on behalf of my wife who is an EEA national. We live in the UK from past 5 months. We both have a UK bank account and a housing rental agreement, water bills etc in our name. I have a job but my wife is still searching for one.

We would like to know if she could already be eligible to use her treaty rights? We possible could show that she falls under the category of self-sufficient, based on her savings. We understood that United Kingdom Visas & Immigration (UKVI) provides a letter confirming the exercise of treaty rights for EEA nationals. If thats correct, how to apply for such a letter from the UKVI, confirming exercise of Treaty rights?

Thanks
Sumit

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Letter confirming Treaty rights

Post by secret.simon » Mon Feb 25, 2019 12:26 pm

There is no "Letter confirming Treaty Rights". Your Dutch wife can of course apply for a Residence Certificate in the usual manner and she can include you as a dependent on that application as well, thus getting you a Residence Card under EU law in the process.

Be aware that to exercise treaty tights as a self-sufficienct person, the EU citizen and all her family members must have CSI (comprehensive sickness insurance aka private health insurance). Otherwise that period does not count for the purpose of self-sufficiency. Be aware that there are changes to that requirement due to come into force in March/April 2019. These will be changes under UK law, due to Brexit, and the resulting documentation will not be under EU law.

You mentioned in one of your earlier posts that your Dutch wife worked for a Dutch company in the UK? If she was employed in the UK, went on maternity leave and then returned to the jobs market within a year/52 weeks of the start of the maternity leave, either as a job seeker or as a worker (either employed or self-employed), her status as a worker persists.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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