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Hi all,

i am an Austrian citizen (EEA). Have just moved to the UK with my husband and expecting a baby any day now.
My husband is non-EU and will have to apply for EEA2 in the coming months. He is working here, I will go for self-sufficient. We obviously have enough funds + private health insurance to support this.
My question is: Can I apply for child benefits/ health in pregnancy grant? Will that affect my future EEA2 application? On paper seems like I'm entitled to... But I wouldn't want to risk our right to remain

Thanks!

newJoiner wrote:Hi all,

i am an Austrian citizen (EEA). Have just moved to the UK with my husband and expecting a baby any day now.
My husband is non-EU and will have to apply for EEA2 in the coming months. He is working here, I will go for self-sufficient. We obviously have enough funds + private health insurance to support this.
My question is: Can I apply for child benefits/ health in pregnancy grant?

You should apply rather sooner than later, as it causes all kind of issues with the bureaucracy until this is sorted.

As for the treaty right, I would go for "employed", in the way that he is exercising the right to work for you. According to the guidelines this is readily accepted, you just need to supply your proof of employment. (The option "self sufficient" is really meant for retired people, and it does cause a lot of problems.)

You can apply for benefits I think. Certainly tax credits are ok, as they are work related and not classified as benefits. Child benefits are a difficult case, but they are paid for a European child, so I guess that should be fine, too. The worst that can happen is that you are refused - it should have no influence on the EEA2 application.

However, I was never able to establish whether you should tick "subject to immigration control" or not. This has a specific meaning in immigration law (no PR or ILR), which would apply. But when I called they said "tick if you need a visa", and of course under European law you do not need a visa. I would think the tax office has not really thought this through.

I do not see how the option - 'employed' for 'treaty rights being exercised' can be selected when the EEA national is not working (except if she had been prior to becoming pregnant/still is while on maternity leave).

If the above doesn't apply then the 'self sufficient' option would seem more sensible to me.

Hi thsths,

Haven't seen you post for a while. Great to see you back!

thsths wrote:As for the treaty right, I would go for "employed", in the way that he is exercising the right to work for you. According to the guidelines this is readily accepted, you just need to supply your proof of employment. (The option "self sufficient" is really meant for retired people, and it does cause a lot of problems.)

Which guidelines are you referring to thsths?

thsths wrote:However, I was never able to establish whether you should tick "subject to immigration control" or not.

EU nationals and their family members are not subject to immigration control if they have a right to reside in the UK (permission not required).

http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_174920

benifa wrote:Which guidelines are you referring to thsths?

Hi back. It used to be in the casework instructions, but I think they have been rewritten, and they are now phrased extremely close to the legal minimum. I still think that logically it should work, but the UKBA may disagree.

EU nationals and their family members are not subject to immigration control if they have a right to reside in the UK (permission not required).

Well, a permission is not required, but the right to stay is still conditional, which makes me wonder. As I said nothing has given me a straight answer - not the website, not the law, not the hotline. Maybe it does not matter what you tick .