HELP eea2 exercising treaty rights and claiming cb

hello everyone
i've applied for ee2 last september (2008) and got a letter from HO today
asking for more evidence of my eea wifes founds
( when applied i've included all the pay slips from my job and also a stamp on the application from my employer as we all ready had a baby and i was the only person working )
( evidence that your client's eea family member is exercising Treaty rights in the united kingdom )
now she's not working cos looking after our baby that was born 14 months ago,
i've been working and suporting my family for the last 16 months,
does anybody know if i'll send my payslips and bank statments to them will that do the job ? by the way im a latvian non-citizen and she's a lithuanian national who had completed continius 12 months employment,
also is it possible for us to claim a child benefit ?
thank you for your help
simon

mastersimon wrote:hello everyone
i've applied for ee2 last september (2008) and got a letter from HO today
asking for more evidence of my eea wifes founds
( when applied i've included all the pay slips from my job and also a stamp on the application from my employer as we all ready had a baby and i was the only person working )
( evidence that your client's eea family member is exercising Treaty rights in the united kingdom )
now she's not working cos looking after our baby that was born 14 months ago,
i've been working and suporting my family for the last 16 months,
does anybody know if i'll send my payslips and bank statments to them will that do the job ? by the way im a latvian non-citizen and she's a lithuanian national who had completed continius 12 months employment,
also is it possible for us to claim a child benefit ?
thank you for your help
simon

Any sort of documentation to proov you and your family was not a burdon on public funds. (Self-sufficient) Bank statements and payslips covering the whole period are fine.

thank you kesh, do you know anything about child benefit as ours was born here ? thank you

There is a possibility they might request a Private Comprehensive medical insurance if you are claiming that she is Self-Sufficient.

Someone exercising Treaty Rights in the UK as a Student or Self-Sufficient Person, are required to provide evidence of medical insurance as part of the requirement of Exercising treaty rights as a Self- Sufficiency.

You payslips and bank statement, will go toward further proof that she will not be burden on the state. People in that category are not entitled to free NHS treatment, which i don't agree with, by the way, as you are working and contributing to the UK tax system.

Anyway, just be on your guide and get an Health Insurance sorted.

Obie wrote:There is a possibility they might request a Private Comprehensive medical insurance if you are claiming that she is Self-Sufficient.

Someone exercising Treaty Rights in the UK as a Student or Self-Sufficient Person, are required to provide evidence of medical insurance as part of the requirement of Exercising treaty rights as a Self- Sufficiency.

You payslips and bank statement, will go toward further proof that she will not be burden on the state. People in that category are not entitled to free NHS treatment, which i don't agree with, by the way, as you are working and contributing to the UK tax system.

Anyway, just be on your guide and get an Health Insurance sorted.

As Obie has explained you everything I can only add that they are asking for proof that she is exercising her treaty rights or no (working or studying while in UK) if she is not doing any of them then you must have a medical insurance as Obie said and you have to convince them that EU citizen or you are not burden on country..
thanks!

The problem with self-sufficiency may also be that you won't be able to claim any public funds, see Chapter 12 of the ECIS. Your wife was, however, a worker until close to her delivery I assume but at least for 12 months. I'm not familiar with this kind of situtation but how long can you take off for maternity leave in the UK (16 months may be too long)? The question is if she is really a self-sufficient person in the eyes of HO (apart from the fact that the husband provides for the income).

Anyway, we have a special sub-forum 'Claiming Benefits' here. Maybe you can find some information there.

If she is on maternity leave then she is not considered a Self-Sufficient person, she would be a worker. However this is not the case.

If she was involuntary made redundant, then she will be considered a worker, provided she has been working for a year in the period immediately leading to her redundancy, and actively seeking work, with a realistic prospect of securing one.

It appears the OP's wife voluntarily ceased working, and hence can't be considered a worker, under community law.

If she was initially working for three out of the 5 years, then she will still be considered a worker and would be treated as such.

she's been working legaly since 2004 and was regitered on wrs but since we dont have most of the pay slips i guess we cant proove that she has been working for years ? thanks

You should be able to get those information from your partners former employers. Hasn't she got a P60 to prove employment, or P45, to show when employment ceased.

You partner shoul try contacting her previous employer