EEA National Wife not working but have 5 years (EEA4)

[anwarj]

Hi, would appreciate some advice.

I'm Canadian and we moved to the the UK for 6 years now with my EEA wife (Finland). She is at home now with twins and has just left her job after mat leave finished very recently. (nursery for twins is kinda expensive She has been working here over 5 years continuous in the UK but is now a stay at home mom.

I have to apply for EEA4 soon but not sure what to tell UKBA about her not working now as she is the EEA national. Will they reject my application on that basis. She had comprehensive employee coverage when she was working but now has none. I'm self employed now and haven't taken private health insurance... will this also be a problem.

Thanks in advance and look forward to talking to you all in the next apparently 12 months that it will take to process my EEA4 application

[anwarj]

I guess my question is, once my EEA National wife has excercised treaty rights (employment in this case) for 5 years does she have to continue to excercise treaty rights (e.g employment)?

[kashyme]

Hi anwar
If your wife has been exercising treaty rights for 5 years and u were living with her during these 5 years here in UK then U and Ur wife both automatically have acquired PR .
You can use form EEA4 to get your confirmation of PR status and by sending all the required documents.
As far as the nursery costs are concerned , you are eligible to get child tax credit and working tax credit being a family member of an eea national and now as a PR holder. If you both are working 30 hours per week between you and have kids then you are eligible for working tax credits and they will pay the nursery fees according to what is your eligibility with respect to your house hold income. Contact the tax credit office for this.

Regards.

[datuchi]

Not, once acquired it can only be lost if out of the country for 2 years. Literally, you acquired it, and it doesn't matter that you didn't get your PR card then, she doesn't have to continue until you get PR card. But you will still have to prove 5 yrs from the beginning till the end.

I guess my question is, once my EEA National wife has excercised treaty rights (employment in this case) for 5 years does she have to continue to excercise treaty rights (e.g employment)?

[anwarj]

that's a relief. It was the bit that I was not too clear about. I dont think you can really say that the UKBA website is clear (or even informative really!)

The big plan for the weekend is to get the documentation together now (and photocopy everything in triplicate as the last time i dealt with the HO 5 years ago, they lost our passports!!! not kidding)

Thanks for the quick responses
A