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EEA with PR/ unemployed or part time

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Guerro
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Joined: Fri Aug 27, 2010 6:48 am

EEA with PR/ unemployed or part time

Post by Guerro » Fri Oct 22, 2010 4:15 pm

hello my friends, here is the situation in brief:
my wife is applying for PR using EEA3 for EEA citizens and the reason is to be exempted from exercising treaty rights.
if you are an EEA citizen with PR are you completely exempted from exercising treaty rights and CSI?
she is planning to do occasional part time and claim benefits, does she lose the status of being qualified by doing part time or being unemployed for more than 6 months (after obtaining the PR)?
is it going to affect me in anyway as a non-EEA family member, even though I am full time employed, when i apply for PR using EEA4?

thanks

Guerro
Member of Standing
Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Sat Oct 23, 2010 8:01 am

The directive doesn't put a clear definition of a worker ( number of hours or wage s/he has to earn). It is even worse for self sufficient.
Still, i think an eea with pr is exempted from exercising treaty rights and csi. Did i get it wrong?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Oct 24, 2010 8:30 pm

How long has your wife been in the UK? Have she applied for confirmation of her PR already?

It is worth reading the Directive itself. http://eumovement.wordpress.com/directive-200438ec/
CHAPTER IV - RIGHT OF PERMANENT RESIDENCE
Section I - Eligibility
Article 16

Guerro
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Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Sun Oct 24, 2010 9:19 pm

She has been in the uk for 12 years now working on and off, but has been full time employed by the same employer for over 5 years now and she got a letter confirming this plus p60s. She will apply in few days

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Oct 26, 2010 3:46 pm

It sounds like she has PR. Probably worth her applying for the certificate.

The Directive is not explicit about this. But I think, as long as she has PR, she no longer needs to work and does not need private medical insurance. And you will be able to apply for your PR.

When can you apply for PR?

Guerro
Member of Standing
Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Tue Oct 26, 2010 8:39 pm

I'm a non eea family member and my pr will be due after 5 years of marriage and living in the host country which is the uk. Do you think i can apply before the 5 year time? In the application it says eea family members can apply with the eea while non eea family members should apply separately, don't know why!

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Oct 26, 2010 8:49 pm

When did you start living with your partner? When did you get married? When did you arrive in the UK?

Guerro
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Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Tue Oct 26, 2010 8:53 pm

We got married in august 2008, started living together in august 2008, came to the uk in february 2009 up till now without a single day of absence. I'm a national of Egypt (non eea)

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Oct 26, 2010 8:58 pm

So you can apply for PR in 5 years from Feb 2009, so that is Feb 2014. You can't do it before.

Guerro
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Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Tue Oct 26, 2010 9:03 pm

Yea, i was sure it will be feb 2014 but what is more important is to make sure that after my wife gets her pr document she will be exempted from exercising treaty rights and csi and that i'll not be affected when i apply in 2014 as a result she is no longer working

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Oct 26, 2010 9:16 pm

I would make a dry run through the application, and see what documents you would need to provide.

I would also contact http://ec.europa.eu/citizensrights/

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