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Edit: Titile is wrong: I don't mean maternity leave, but withdrawal from uni for one year!

I'm a bit confused and would like to seek some advice.

Right now, I am exercising treaty rights as a student, but will take one year gap in two months and join the uni the following year. I will still be registered with the Uni, though but I'm just taking a break. However we do wish to apply for my husband's EEA FP as soon as possible. I am wondering whether my break will affect the application (esp the 'exercising treaty right' part).

Also, as one can't take any benefits when applying for FP - so I can't apply for child benefits right?

Maternity leave is a benefit paid to workers and upholds their status.

I do not know how the UK unis work but wouldn't you just still be a student? If you were to be classified as self-sufficient person you would also need CSI for both of you instead of just for you. What will your husband be doing? How will you support your life?

Students must take care when claiming benefits, see chapter 12 of the ECIs.

My apologies (was in a hurry). What I meant is that I will withdraw two semesters and will join uni the following year.

I have got some savings (and will be looking for a job). My husband has a full-time job.

So is he in the UK right now? That would mean that you don't have to deal with the EEA FP but only with the Residence Card.

No, he is not in the UK. (sorry for making it unclear)

The thing is I am confused about whether UKBA will even consider my husband's EEA FP application while I am taking a break from uni (due to pregnancy) .

And if they don't what should I do? Should I then go on the 'self-sufficient' route?

xotic wrote:Edit: Titile is wrong: I don't mean maternity leave, but withdrawal from uni for one year!

You can edit the title. Edit the first post in the thread and do it there.

I Have done it for you. I think that is a good idea, it better reflects your situation.

Maternity leave is for working people, taking time of work to look after their new born.

Self-sufficient might be the "safer" and simpler route to guarantee exercising treaty rights.

It is worth noting the definition of student (from the regulations)

“student” means a person who—(i) is enrolled at a private or public establishment, included on the Department for Education and Skills’ Register of Education and Training Providers(b) or financed from public funds, for the principal purpose of following a course of study, including vocational training

The directive 2004/38/EC says

are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training;

Obie wrote:I Have done it for you. I think that is a good idea, it better reflects your situation.

Maternity leave is for working people, taking time of work to look after their new born.

Thanks, Obie.

EUsmileWEallsmile wrote:Self-sufficient might be the "safer" and simpler route to guarantee exercising treaty rights.

It is worth noting the definition of student (from the regulations)

“student” means a person who—(i) is enrolled at a private or public establishment, included on the Department for Education and Skills’ Register of Education and Training Providers(b) or financed from public funds, for the principal purpose of following a course of study, including vocational training

The directive 2004/38/EC says

are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training;

Right. Any idea how much amount should be sufficient as I can't find any info on that?

xotic wrote:
Right. Any idea how much amount should be sufficient as I can't find any info on that?

There is no fixed limit, but it cannot be less than the level at which state assistance would kick in for UK nationals.

If you can demonstrate that you will have enough to live on without state help, that will be enough.

EUsmileWEallsmile wrote:

xotic wrote:
Right. Any idea how much amount should be sufficient as I can't find any info on that?

There is no fixed limit, but it cannot be less than the level at which state assistance would kick in for UK nationals.

If you can demonstrate that you will have enough to live on without state help, that will be enough.

Alright. Thanks a lot for your help.