eea self sufficient

keya · Post by **keya** » Fri Aug 17, 2012 12:18 pm

Hi
Is that ok for eea national(spainsh) to claim child benefit for her british son while exercising treaty right as self sufficient with CSI. She started to claim when she was working. Will it have any effect on self sufficient treaty right.

Thanks

keya · Post by **keya** » Fri Aug 17, 2012 3:55 pm

Any thought by anyone?

sc2012uk · Post by **sc2012uk** » Fri Aug 17, 2012 7:55 pm

should be no problem

varna1983 · Post by **varna1983** » Fri Aug 17, 2012 11:54 pm

sc2012uk wrote:should be no problem

How can u say so easily that there is no problem? The term self sufficient by itself means that u should not rely on any outside (government/public) help! So i dont think its allright...

sc2012uk · Post by **sc2012uk** » Sat Aug 18, 2012 12:07 am

http://www.visalogic.net/style/asset/public_funds.pdf

see point 3.4.2.1.1.

text link:
https://docs.google.com/viewer?a=v&q=ca ... 9E59bTRoHg

sum1 · Post by **sum1** » Sat Aug 18, 2012 8:17 am

You better read Chapter 12 of the ECIs regarding self-sufficient persons. The crucial term is 'not to become an unreasonable burden to the state'. I do not know if that ever has been tested in the courts but the term certainly means assessment is on a case to case basis. It could be argued that this should not be a problem if the non-EEA spouse works and pays NI contributions but given the 'funny' requirement of CSI for self-sufficient persons I wouldn't hold my breath. If possible have the EEA national get back to work.

In short, I believe a this question cannot really be answered (and that may be reason for the little feedback so far).

keya · Post by **keya** » Sat Aug 18, 2012 12:45 pm

Thanks
she got her son british passport on the basis of treaty right she exercised as a student(no csi was to cover that period) for 5 years from 2001 to 2006 by IPS that makes us believe her PR has been recognised by one of home office dept back in 2007. Although she never applied for PR confirmation for herself.

sum1 · Post by **sum1** » Sat Aug 18, 2012 12:52 pm

A permanent resident is not required to exercise treaty rights anymore and thus does not need CSI. This also implies that she can get any benefits just like a British person. She certainly had to demonstrate that she indeed had PR at that time to obtain the BC for the son. There is no requirement to have PR confirmed explicitly.

keya · Post by **keya** » Sat Aug 18, 2012 1:30 pm

that means her PR has been recognised by home office(IPS) and we can use child british passport as a proof that recognition. can i use this when i will be appyling for PR.

sum1 · Post by **sum1** » Sat Aug 18, 2012 2:07 pm

I think the passport in itself is not proof but the circumstances that led to one being issued. The Home Office probably keeps copies of all documents although they may keep those only for a certain period of time. Best to include the original documents in the application.

keya · Post by **keya** » Sat Aug 18, 2012 2:18 pm

At that time(early 2007) we sent school/college/university latters confirming her period of studies along with covering latter and there was no comprehensive sickness insurance at that time. will these documents would be enough today when ukba require CSI to cover studies time.

sum1 · Post by **sum1** » Sat Aug 18, 2012 2:53 pm

Please read the ECIs. I believe there is a date mentioned from which CSI is required. I think it was not until a year or two ago. Also the time prior to April 30, 2006 would have to based on the Immigration Regulations 2000. But since she already had PR at that time, the same documents should be sufficient for future applications.

keya · Post by **keya** » Mon Aug 20, 2012 1:28 pm

I have read eea regulations 2000/2006 and also 2011 ECIs regarding CSI.
CSI is always a requirement for student/self sufficient as mentioned in eea regulations 2000/2006. We sent our son's application for british passport in 2007 with only school/college/university latters but no CSI. We got passport from IPS without CSI. My wife,spanish, got registration certificate as a worker in 2007 also which means she does not fall in exemption for student CSI as mentioned in ECIs .But IPS has recognised PR by issuing passport.

Post by **Jambo** » Mon Aug 20, 2012 2:22 pm

IPS are not experts in EEA matters and have made mistakes (both ways) in the past. This is not a proof that the parent has obtained PR.

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eea self sufficient

eea self sufficient