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Maternity Leave count as exercising Treaty rights for EEA3?

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

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RayJay
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Location: Stoke On Trent

Maternity Leave count as exercising Treaty rights for EEA3?

Post by RayJay » Mon Nov 02, 2009 1:25 pm

Hi all
It is going to be 5 year in week after we got the residence permits in Nov 2004.

Both forms are nearly done just need a bit of advice..

My wife was on maternity leave claiming maternity allowance for about 10 moths.
She was working before and after the leave with different employers.

Will this 10 months gap while claiming maternity allowance is also considered as exercising treaty right?

Regards

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Mon Nov 02, 2009 5:27 pm

Someone on Maternity leave is still employed, but only taking time off to look after child. They are still considered worker, by any yardstick.
Smooth seas do not make skilful sailors

RayJay
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Posts: 37
Joined: Wed Jul 18, 2007 10:25 am
Location: Stoke On Trent

Post by RayJay » Tue Nov 03, 2009 11:38 am

thanks for the advice.
I have entered the dates with maternity leave between the last and after job to cover the 10 months.
I have also read here that up to 12 months is OK for maternity leave.



General Question:
I just wondered what if any EEA national comes had 3 children during this 5 year period and has been on maternity leave 3 times an I am sure it would be altogether over 12 months. What happens then?

Obie
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Ireland

Post by Obie » Tue Nov 03, 2009 12:59 pm

The 12 months apply to cases where the EEA national leaves the country they are resident or exercising treaty rights and go to their home country, for pregnancy related reasons. It doesn't apply when they are on maternity leave and continues to reside in the member state they are exercising treaty rights.

Residency is not broken at all, and her status as Worker remains.
Smooth seas do not make skilful sailors

RayJay
Newbie
Posts: 37
Joined: Wed Jul 18, 2007 10:25 am
Location: Stoke On Trent

Post by RayJay » Wed Nov 04, 2009 11:34 am

Obie wrote:The 12 months apply to cases where the EEA national leaves the country they are resident or exercising treaty rights and go to their home country, for pregnancy related reasons. It doesn't apply when they are on maternity leave and continues to reside in the member state they are exercising treaty rights.

Residency is not broken at all, and her status as Worker remains.
thanks for clearing the point. It make sense now.

newJoiner
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On the same matter!

Post by newJoiner » Mon Nov 09, 2009 4:51 pm

You seem to know your way around...
I will be moving with my husband to the UK next month. I will be on maternity leave from my IRISH employer. I am EEA (Austria) and my husband is not.
At the moment my husband received a Family Permit, but when that expires and we need to apply for EEA2, what should I say about myself practicing EU-Treaty rights? does maternity leave from an employer outside the UK count as 'employed' or 'self sufficient'?

Thanks for your help.

Ben
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Joined: Thu Jul 05, 2007 3:33 pm
Location: Elsewhere
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Re: On the same matter!

Post by Ben » Mon Nov 09, 2009 5:29 pm

newJoiner wrote:You seem to know your way around...
I will be moving with my husband to the UK next month. I will be on maternity leave from my IRISH employer. I am EEA (Austria) and my husband is not.
At the moment my husband received a Family Permit, but when that expires and we need to apply for EEA2, what should I say about myself practicing EU-Treaty rights? does maternity leave from an employer outside the UK count as 'employed' or 'self sufficient'?

Thanks for your help.
Self-sufficient. Comprehensive sickness insurance cover required.
I am no longer posting publicly on this website - PM me if needed.

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