Please help with EEA3 application information.

CHANGE · Post by **CHANGE** » Sat Apr 07, 2012 9:48 am

Hi, I am very new to Immigration Board website. I was reading the experiences from different people regarding EEA application route and I thought it will be very helpful if I could have advice from you guys.
I am an Austrian(EU) citizen, came to UK April'2008 & started to work from July'2008. Then I continue to work until I went to maternity on March'2009 . After maternity I continue to work until December'2010. Then I had to leave my first job & started to look for another job , I was applying for job over the internet but only registered with Job centre in April'2011 & still I am looking for job & registered with the Job centre plus. But all the time I had fully unrestricted access to my husband's income who is a non-eea national. He works full time in UK since 2006 . I am still looking for job & attending the job centre & also attending job interviews regularly, and hopefully I will get a job soon. I am going to apply for EEA3 next year in July. Does my all previous situation meets the treaty rights in UK? I would really appreciate if you could give an advice how I will be successful on EEA3 route to have permanent resident in UK. Thank you in advance.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sat Apr 07, 2012 3:57 pm

Why did you leave your job? Where you made unemployed. Did you do leave voluntarily? If so what for? This could be very important for your case.

You could be considered to have been self-sufficient by relying on your spouse's income, but only if you and your family members had sickness insurance.

zubby007 · Post by **zubby007** » Sat Apr 07, 2012 6:52 pm

In my own view YES, European treaty rights simply means Worker, Student, Economically Self-sufficient, Self-employed and Job seeker. (viel Glück)

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sat Apr 07, 2012 8:35 pm

zubby007 wrote:In my own view YES, European treaty rights simply means Worker, Student, Economically Self-sufficient, Self-employed and Job seeker. (viel Glück)

Unfortunately, it won't be you making the decisions, if it were everyone's lives would be very simple!

CHANGE · Post by **CHANGE** » Sun Apr 08, 2012 9:10 am

Hi, thanks for very quick reply. I had to leave my job as I have a little baby and that job's working hours were not suitable for me, and also my husband is in full time job. We are self-sufficient with my spouse's income , but we don't have any sickness insurance. We have EHIC & we go to GP if necessary. I am disparately looking for job , but i haven't find any yet. I just wanted to mention one thing that I was not registered with job centre from December'2010 to April'2011, but I was actively looking for jobs independently through internet, over the phone and by person as well. Do you think it will be difficult for me to get the PR in UK? Or is there any chance for me?Please let me know. And also when I will apply for eea3, can I apply by person to visit them in public office or do I only have to apply by post? Do you know how long they might take to process approximately?
thank you .

reda · Post by **reda** » Sun Apr 08, 2012 9:32 am

We have EHIC

it should be enough.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 9:44 am

reda wrote:
We have EHIC
it should be enough.

Not necessarily, the devil's in the detail.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 9:48 am

CHANGE wrote:Hi, I am very new to Immigration Board website. I was reading the experiences from different people regarding EEA application route and I thought it will be very helpful if I could have advice from you guys.
I am an Austrian(EU) citizen, came to UK April'2008 & started to work from July'2008. Then I continue to work until I went to maternity on March'2009 . After maternity I continue to work until December'2010. Then I had to leave my first job & started to look for another job , I was applying for job over the internet but only registered with Job centre in April'2011 & still I am looking for job & registered with the Job centre plus. But all the time I had fully unrestricted access to my husband's income who is a non-eea national. He works full time in UK since 2006 . I am still looking for job & attending the job centre & also attending job interviews regularly, and hopefully I will get a job soon. I am going to apply for EEA3 next year in July. Does my all previous situation meets the treaty rights in UK? I would really appreciate if you could give an advice how I will be successful on EEA3 route to have permanent resident in UK. Thank you in advance.

Having re-read this, the earliest you could apply for PR would be July 2013 (five years after first entry - if I can count correctly).

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 9:55 am

CHANGE wrote:Hi, thanks for very quick reply. I had to leave my job as I have a little baby and that job's working hours were not suitable for me, and also my husband is in full time job. We are self-sufficient with my spouse's income , but we don't have any sickness insurance. We have EHIC & we go to GP if necessary. I am disparately looking for job , but i haven't find any yet. I just wanted to mention one thing that I was not registered with job centre from December'2010 to April'2011, but I was actively looking for jobs independently through internet, over the phone and by person as well. Do you think it will be difficult for me to get the PR in UK? Or is there any chance for me?Please let me know. And also when I will apply for eea3, can I apply by person to visit them in public office or do I only have to apply by post? Do you know how long they might take to process approximately?
thank you .

To be considered self-sufficient you need to have comprehensive sickness insurance (CSI) for you and your family members.

To be considered a job-seeker, you need to be registered with the relevant employment office.

CHANGE · Post by **CHANGE** » Sun Apr 08, 2012 11:39 am

EUsmileWEallsmile wrote:
CHANGE wrote:Hi, thanks for very quick reply. I had to leave my job as I have a little baby and that job's working hours were not suitable for me, and also my husband is in full time job. We are self-sufficient with my spouse's income , but we don't have any sickness insurance. We have EHIC & we go to GP if necessary. I am disparately looking for job , but i haven't find any yet. I just wanted to mention one thing that I was not registered with job centre from December'2010 to April'2011, but I was actively looking for jobs independently through internet, over the phone and by person as well. Do you think it will be difficult for me to get the PR in UK? Or is there any chance for me?Please let me know. And also when I will apply for eea3, can I apply by person to visit them in public office or do I only have to apply by post? Do you know how long they might take to process approximately?
thank you .
To be considered self-sufficient you need to have comprehensive sickness insurance (CSI) for you and your family members.

To be considered a job-seeker, you need to be registered with the relevant employment office.

CHANGE · Post by **CHANGE** » Sun Apr 08, 2012 11:43 am

Hi, I don't have CSI & I was not registered with the job centre from dec'2010 to april'2011 . Do you have any advice for me to have my PR please? I mean what would be better to do to get my PR. and yes, I am planning to apply for my PR in July'2013.
Thanks.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 12:32 pm

CHANGE wrote:Hi, I don't have CSI & I was not registered with the job centre from dec'2010 to april'2011 . Do you have any advice for me to have my PR please? I mean what would be better to do to get my PR. and yes, I am planning to apply for my PR in July'2013.
Thanks.

Without CSI, you will struggle to be considered self-sufficient.

From April 2008 to December 2010, you appear to have been exercising treaty rights. You retain status of worker if you in involuntarily unemployment and register with the unemployment office. You could argue that the work hours did not suit your family situation and you had to give up that job (that could be regarded as being involuntary), but be prepared for the counter argument did you ask your employer to adjust your hours? Do you have good evidence that you continued to seek work? I know you have recent evidence.

CHANGE · Post by **CHANGE** » Sun Apr 08, 2012 1:35 pm

EUsmileWEallsmile wrote:
CHANGE wrote:Hi, I don't have CSI & I was not registered with the job centre from dec'2010 to april'2011 . Do you have any advice for me to have my PR please? I mean what would be better to do to get my PR. and yes, I am planning to apply for my PR in July'2013.
Thanks.
Without CSI, you will struggle to be considered self-sufficient.

From April 2008 to December 2010, you appear to have been exercising treaty rights. You retain status of worker if you in involuntarily unemployment and register with the unemployment office. You could argue that the work hours did not suit your family situation and you had to give up that job (that could be regarded as being involuntary), but be prepared for the counter argument did you ask your employer to adjust your hours? Do you have good evidence that you continued to seek work? I know you have recent evidence.

I do have all e-mails that I applied for jobs since December'2010. If I include those e-mails as a hard copy will that be enough? I can also include my husband's all P60 's , but what I don't have that is CSI. And regarding my job, my employer was giving me evening shifts, which was not possible for me to do as I have a little baby and my husband also works as flexible basis. So i decided to leave & look for another job, but i didn't know that will so long to have another job.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 1:59 pm

I can't tell you whether your application will be successful or not. Your case is not in the straight-forward box.

Your husband's P60s are not really relevant, especially without CSI. Without that, you could not claim to be self-sufficient.

It's good that you've kept the emails seeking employment. You could argue that your unemployment was not voluntary.

MelC · Post by **MelC** » Sun Apr 08, 2012 2:51 pm

EUsmileWEallsmile wrote:
reda wrote:
We have EHIC
it should be enough.
Not necessarily, the devil's in the detail.

isn't pregnancy/childbirth a valid reason? maternity leave has to be employment? so to speak, is the OP not retaining the status of worker?

the EHIC and CSI is a bit of a minefield ~ as a returning Brit the NHS serves as CSI ~ the OP states that her hubby has been working in the UK since 2006... what is his status? spouse of EU citizen or did he have residence in the UK prior to this? if hes paying tax and NI and has been all along....

devil in the detail? expand please as it seems you and I have nothing better to do on easter sunday lol

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 5:20 pm

EUsmileWEallsmile wrote:
reda wrote:
We have EHIC
it should be enough.
Not necessarily, the devil's in the detail.

The UK accepts EHIC those who come on a temporary basis. Let's say a student who comes to the UK for study and intends to go return at the end of it. It is possible that someone intends to live in the UK on a temporary basis and later change their mind.

There is a section on this on the UKBA website (annex A)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 5:42 pm

MelC wrote:
isn't pregnancy/childbirth a valid reason? maternity leave has to be employment? so to speak, is the OP not retaining the status of worker?

I think the OP had her baby and her maternity leave when she was with the same employer. She left afterwards as the hours did not suit her responsibilities as a mother looking after an infant. Perhaps that could be construed as being involuntary unemployment and might be a basis for her claiming to retaining the status of worker, especially if she was actively looking for work that would suit her situation.

Jambo · Post by **Jambo** » Sun Apr 08, 2012 7:43 pm

reda wrote:
We have EHIC
it should be enough.

The EHIC should not be a UK issued one but from another EU state.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 9:02 pm

Jambo wrote:
reda wrote:
We have EHIC
it should be enough.
The EHIC should not be a UK issued one but from another EU state.

Thanks Jambo, I was going to mention that as well, but even another country's EHIC would only work in certain circumstances as I understand things.

Jambo · Post by **Jambo** » Sun Apr 08, 2012 10:13 pm

EUsmileWEallsmile wrote:
EUsmileWEallsmile wrote: Not necessarily, the devil's in the detail.
The UK accepts EHIC those who come on a temporary basis. Let's say a student who comes to the UK for study and intends to go return at the end of it. It is possible that someone intends to live in the UK on a temporary basis and later change their mind.

There is a section on this on the UKBA website (annex A)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

True. However for PR confirmation, the original intent is not important. Having EHIC for the relevant period is enough. See point 5 in the above document.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Sun Apr 08, 2012 10:23 pm

Jambo wrote:
EUsmileWEallsmile wrote:
EUsmileWEallsmile wrote: Not necessarily, the devil's in the detail.
The UK accepts EHIC those who come on a temporary basis. Let's say a student who comes to the UK for study and intends to go return at the end of it. It is possible that someone intends to live in the UK on a temporary basis and later change their mind.

There is a section on this on the UKBA website (annex A)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
True. However for PR confirmation, the original intent is not important. Having EHIC for the relevant period is enough. See point 5 in the above document.

Good point. This may help the OP (provided the EHIC is from Austria, where she's from)? I wonder would the EHIC also cover her family members (husband and child).

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Please help with EEA3 application information.

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