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EU family member-maternity leave- non eu member in trouble?

Posted: Wed Sep 08, 2010 12:01 pm
by Ajenta83
Hello all!

I need some advice please.

My situation is as follow:
I am an EU national (Dutch national - living here 2 year and 9months, in the same job, full time employment, received RC)

My husband is a non EU national (Sri Lankan, came here 2 years and 6 months ago, received residence card for 5 years)
He studied 2 years fulltime, so I was the main cost winner. Now he did find a job and works fulltime, eventhough it is minimum pay

We want to move out of our shared accommodation and rent our own place (instead of a room - because that's what we were able to afford) and plan to have children. But this will mean that when I get pregnant I’ll have to go on maternity leave and I won’t be the cost winner. My husband will still work.

If this happened, does this mean that I am not being self sufficient and my husband might refuse his pr?!

Is it better to wait another 2 years to have our family started?!
I am just being paranoid. Its ridiculous that I have to plan like this, but I don’t want to be in a position where my husbands pr (EEA4 form) might be refused.

Can someone please help/advice me? Hope to hear from you soon.

Thank you all kindly!

Re: EU family member-maternity leave- non eu member in troub

Posted: Wed Sep 08, 2010 1:20 pm
by 86ti
Ajenta83 wrote:If this happened, does this mean that I am not being self sufficient and my husband might refuse his pr?!
As long as you are on maternity leave you are still considered a worker. Self-sufficiency means that you have sufficient monetary means but would not have your own income through work, self-employment, pension, etc. Should you, however, stay longer away from work than official maternity leave, I believe, you will have to be self-sufficient (through the income of your spouse in your case). Please be also aware that in that case you would need comprehensive sickness insurance (search the forum) for all of you.

Posted: Wed Sep 08, 2010 3:50 pm
by Ajenta83
Thank you ever so much!

Re: EEA nationals maternity cover and some questions!

Posted: Thu Jan 01, 2015 2:53 pm
by shashi_max
Hello all,
I need some advice regarding EEA4 application form.
My wife (EEA National)and me are married since 3rd November 2009. She was student since September 2008, but she has to take a break from University due to pregnancy and child birth. During that break she did some full time (3/4 months ) job to achieve maternity pay from the Government (Due to break from study for a year, she was not entitled to access her student loan). So, for maternity she continued her University since September 2008 to June 2009.
After child birth she continues her study from September 2010 and finished at July 2012 and started job without any gap till now.
my questions are,
a. is that maternity gap count as a temporarily incapacitated pay? or, void the treaty rights
b. my 5 years residence card is due in January 2015, there is no clear statement about maternity pay or gaps due to maternity explain in EEA4 form, what should I do?
c. If by any chance I got PR, and my wife has to go abroad due to job, do I have to move out with her at the same time or I can continue to live in UK.

Please give me some advice. I know it is almost eleventh hour to ask for advice , but I do not get any solution.

Regards,