- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
Thank you, Plum70, for taking the time to reply.Plum70 wrote:I hope I have not thrown a 'spanner in the works' as I really meant to help!
Huh? Why do you say this without adding the required qualifications?Plum70 wrote: He may be required to complete a residential qualifying period before the aforementioned is at his disposal. This implies that you and your son may also not have access to free NHS care and may need to pay for most treatments, consultations; also you may get no support from the state for a time by virtue of your husband's immediate residential status...
No. EEA FP is also for people who are self sufficient (and have medical insurance). This is not considered exercising a treaty right.wet26 wrote:1. Yes. The sole purpose of an EEA FP is so that a family member can accompany an EEA National who wishes to exercise treaty rights in the UK. (You have stated that your husband wishes to come to the UK for an operation and to claim benefits).
Forgive me, I should have written "one purpose". In any event, neither criteria apply to the OP.Directive/2004/38/EC wrote:No. EEA FP is also for people who are self sufficient (and have medical insurance). This is not considered exercising a treaty right.wet26 wrote:1. Yes. The sole purpose of an EEA FP is so that a family member can accompany an EEA National who wishes to exercise treaty rights in the UK. (You have stated that your husband wishes to come to the UK for an operation and to claim benefits).
Remember that your husband is entering the UK as an EEA National, not as a British Citizen. Because your husband is having the op before working, I'm not sure if this will apply to you. I'm sure someone else will know.For the purposes of paragraph 1(a), a Union citizen who
is no longer a worker or self-employed person shall retain the
status of worker or self-employed person in the following
circumstances:
(a) he/she is temporarily unable to work as the result of an
illness or accident;
Hold my hands up... I should have been more explicit! Apologies to the OP. Still I do not think that the EU national would have immediate access to some benefits which are contribution-based i.e linked to NI contributions.Directive/2004/38/EC wrote:Huh? Why do you say this without adding the required qualifications?Plum70 wrote: He may be required to complete a residential qualifying period before the aforementioned is at his disposal. This implies that you and your son may also not have access to free NHS care and may need to pay for most treatments, consultations; also you may get no support from the state for a time by virtue of your husband's immediate residential status...
No. The home office lets him (as a UK + other EU citizen) choose if he is being a UK person for the purpose of entering, or is being a EU person. It is not up to them at all.MissusSparrow wrote:Even though my husband is a dual British/Irish National, when we arrive to live in the UK, the HO can choose whether or not to apply the Directive to him, as he will be in his Home EU Member State. His Irish Citizenship no longer counts. So right now it's all up in the air, and that's officially the UKBA's/HO's stance. I seriously doubt that the ECJ is going to interfere in these types of cases.
So just to clarify, the difference in our case would be that as my husband is and has been outside of the UK, and as the UK have already issued me an EEA FP based upon my husband's Irish nationality, they now have to accept him as an EU person? And the deciding factor in "McCarthy" and "EN and AN" was that the dual national was already there?Directive/2004/38/EC wrote:No. The home office lets him (as a UK + other EU citizen) choose if he is being a UK person for the purpose of entering, or is being a EU person. It is not up to them at all.
I am not sure I totally understand your question.MissusSparrow wrote:So just to clarify, the difference in our case would be that as my husband is and has been outside of the UK, and as the UK have already issued me an EEA FP based upon my husband's Irish nationality, they now have to accept him as an EU person? And the deciding factor in "McCarthy" and "EN and AN" was that the dual national was already there?Directive/2004/38/EC wrote:No. The home office lets him (as a UK + other EU citizen) choose if he is being a UK person for the purpose of entering, or is being a EU person. It is not up to them at all.
Sorry to be a pest, I just want to make sure I am understanding it correctly. This has definitely been a learn-as-you-go kind of situation for us.
Plum70 wrote:Hold my hands up... I should have been more explicit! Apologies to the OP. Still I do not think that the EU national would have immediate access to some benefits which are contribution-based i.e linked to NI contributions.Directive/2004/38/EC wrote:Huh? Why do you say this without adding the required qualifications?Plum70 wrote: He may be required to complete a residential qualifying period before the aforementioned is at his disposal. This implies that you and your son may also not have access to free NHS care and may need to pay for most treatments, consultations; also you may get no support from the state for a time by virtue of your husband's immediate residential status...