unmarried eea national claiming benefits

[concernedeea]

Hi All,

I am a non EU national in a relationship with a french national woman who has been here since year 2000. We started a relationship in october 2013. Though, she has a 4 year old child from a previous relationship, she is currently 20 weeks pregnant.

Do we stand a chance on EEA2 application based on the fact that she has been on benefit since 2010(she has worked from 2000-2010). I read somewhere on the forum that once EU national has a PR card they are exempt from exercising their treaty right. Please can someone advise if this applicable to us.

(I had a student visa which has expired since 2008)

Thanks in advance.

[Obie]

If you can evidence that she has worked from 2000-2010, then she will be fine, provided it can be evidenced, the outstanding question, will be to determine whether your less than a year old relationship can be described as one, that is durable.

Perhaps you should wait until the baby is born, if there are joint financial agreement, or tenancy agreement, or future plans to get married.

[concernedeea]

If you can evidence that she has worked from 2000-2010, then she will be fine, provided it can be evidenced, the outstanding question, will be to determine whether your less than a year old relationship can be described as one, that is durable.

Perhaps you should wait until the baby is born, if there are joint financial agreement, or tenancy agreement, or future plans to get married.

Thanks Obie.

She has all her P60s and payslips handy to evidence continuous working. Does she need to apply for resident card herself to show that she is settled here?

I guess the fact that she is pregnant and we have scheduled our traditional marriage in Ghana(in absentia) for later this year can qualify as durable?

What are the chances that if we apply now I can get a COA with right to work because I'm scared that I don't have any valid visa to stay in UK now?

Thanks in advance

[Obie]

She will be fine. She can apply for PR.

But please enquire if Proxy marriage is accepted in your wife's home country as the rules of proxy marriage has changed lately.

[concernedeea]

She will be fine. She can apply for PR.

But please enquire if Proxy marriage is accepted in your wife's home country as the rules of proxy marriage has changed lately.

We are both from Ghana, she was just born in France and her parents still resides in France. We are not doing a proxy marriage, just wanted to do the traditional wedding for family and friends as local customs demand. I just wanted to lodge the application, get a COA and probably get married here in UK having the COA as a security in case UKBA comes to disrupt the wedding as I have heard they do.

What I also want to clarify is whether her claiming benefits currently will affect our EEA2 application after getting her PR and if it's absolutely necessary to use a solicitor because the information I have been able to gather from these boards trumps what the solicitor has been giving.

Thanks a lot for your time.

[Obie]

You could do that.

The need for a solicitor, will depends on the complexity of your case and how good a solicitor is in handling such complexity .

[concernedeea]

We have decided to wait till the baby comes in January before filing any application. Please what are our chances of getting a resident card with a baby in the equation and the timescales. Thanks in advance.

[Obie]

I am not convinced a baby will hinder or boost your case any more than it is.