plz tell me wht to do (eea4)

[poltrade]

HI for every one
please can you advice me becouse i dont know what to do ,soon in this week i should send my eea4 .
i came to uk in 2006 and in september i will be 5 year, im working from the beggning 5 year withno break im non eea but my wife she is eea my wife she is in this country from 7 year , durning the last year she had gap from work about 2 year and we had no Comprehensive sickness insurance we didnt know that we should have 1 ,and we are reciving child and working tax cridet , she was looking after my son and me i was provide money for our life ,so she wasnt looking for work (and in the same time she was traviling abroad every 3 month to her country to complete her study she was staying there 2 week and some times 1 week just for exsam) and from 1 year this 2010/2011 she is working throught agency 12 hour aweek). so now my qustion is
i will get Comprehensive sickness insurance. is this okey ??
does the child and tax cridet will affect my application
what if i will get refused can i apply again for eea2 to get again 5 year then apply for my eea4?
does her going to study in her country poland account as Treaty Rights and then no need for Comprehensive sickness insurance under the new role for student ??
my son is attending to school this year can they ask me to leave the country
does her hour work (12 hour enghf)please please please advice me if you know sorry if i ask alot

[nonspecifics]

When did you marry the EEA national? ( or become a durable partnership).

If your wife exercised continuously exercised Treaty Rights for 5 continuous years prior to the last 2 years off work then she may have already acquired Permanent Residence.

If it were me, as the EEA national, I would apply for confirmation of PR on EEA3 form with proof of exercising Treaty Rights for those five years.

If she has PR, then it would not matter if the following two years were counted as exercising Treaty Rights or not. She would automatically be a Qualified Person cos of the PR status. She can do what she wants including claiming benefits, as long as you are both resident in the UK for 6 months a year ( so you can also qualify for PR).

[poltrade]

thanx for helping
i got married with my wife in 2004, then she moved to uk in 2005 till now
and me i follow her in 2006 regarding your qustion she didnt apply for ee3 so she dont have pr at the moment .

If your wife exercised continuously exercised Treaty Rights for 5 continuous years prior to the last 2 years off work then she may have already acquired Permanent Residence.

she have in her last 5 year gap becouse she was out of her work for 2 year and here is the problem becouse we dont have the Comprehensive sickness insurance...

[nonspecifics]

Hello

I understand she has not worked in the last 2 years, but I was talking about the first 5 years.

If I understand it correctly, you are saying she has not completed any 5 continuous years of exercising of Treaty Rights.

Has she has been in the UK for 6 years, but has worked for 4?

It would be a good idea if you wrote the the work / residence history of your wife.

For example:

Jan 2005: moved to UK

march 2005: started work

May 2010 : stopped working - Maternity pay? ( maternity pay is not a public fund)

or resigned and voluntarily unemployed to stay at home?

or jobseeker?

If you give more details like this, then the experts may be able to give better advice.

If she is working now, even just 12 hours a week in the UK for an employer and it is notified with the Govt, then she is exercising Treaty Rights as a worker, so you have nothing to worry about. You and your family would not need CSI and do not have to worry about being deported.

Also, if she is a worker, she is entitled to claim those benefits and it should not affect her status as your sponsor.


I am not sure if your EEA4 would be approved, but if not, then they will just refuse it. Nothing bad should happen.

Just apply again when you do meet the criteria for PR.

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Perhaps this is not relevant now, but might be of use in the future:

A person can have PR even though they haven't applied and do not have any document to confirm it, yet.

You acquire PR by exercising Treaty Rights for ANY five continuous years.

AFTER you have acquired it, you then apply to ask UKBA to give you a document confirming that.


Of course, they want proof you acquired PR, before they give a document confirming you acquired it.

If there is any significant gap in the exercising of Treaty Rights then that would not be continuous.