Can I be supported by my Non-EU partner?

[englishman9]

my Non-EU partner is working.
I am and plan to continue to be a homemaker, stay at home and look after the kids while she works.
After being here 5 years can she apply for Permanent Residence? As she is working but EU National is not?

I received a reply from EU advice but wanted to know of any experience of this.
Thanks

According to EU Advice:
In order to gain a right of permanent residence, as the family member of an EU citizen returning home after working in another EU country, your wife would need to demonstrate that:
(1) you have been living in the UK for a continuous period of at least five years before your partner applied (you should be able to prove this by any menas, for example bills in your name, any rental contract, etc.), and

(2) your partner has been living in the UK for a continuous period of at least five years before applying (your partner's passport should provide details of her date of entry in the UK and any other document that shows she has been in the UK for the last five years), and

(3) your partner is the family member of an EU citizen, and

(4) during this period, neither you nor your partner were absent from the UK for more than 6 months (or one year in exceptional circumstances).

As a result, these documents should suffice to prove conclusively that your partner was living in the UK for five years as the family member of an EU citizen who had previously worked in another EU country.

[boloney]

my Non-EU partner is working.
I am and plan to continue to be a homemaker, stay at home and look after the kids while she works.
After being here 5 years can she apply for Permanent Residence? As she is working but EU National is not?

I received a reply from EU advice but wanted to know of any experience of this.
Thanks

According to EU Advice:
In order to gain a right of permanent residence, as the family member of an EU citizen returning home after working in another EU country, your wife would need to demonstrate that:
(1) you have been living in the UK for a continuous period of at least five years before your partner applied (you should be able to prove this by any menas, for example bills in your name, any rental contract, etc.), and

(2) your partner has been living in the UK for a continuous period of at least five years before applying (your partner's passport should provide details of her date of entry in the UK and any other document that shows she has been in the UK for the last five years), and

(3) your partner is the family member of an EU citizen, and

(4) during this period, neither you nor your partner were absent from the UK for more than 6 months (or one year in exceptional circumstances).

As a result, these documents should suffice to prove conclusively that your partner was living in the UK for five years as the family member of an EU citizen who had previously worked in another EU country.

you also need csi for whole family

[Englandd]

Go through the below mentioned web link to clarify further your query starting from applying the EEA2 & EEA1 to EEA3 & EEA4.

http://www.ukba.homeoffice.gov.uk/sitec ... de-eea.pdf

[jotter]

my Non-EU partner is working.
I am and plan to continue to be a homemaker, stay at home and look after the kids while she works.
After being here 5 years can she apply for Permanent Residence? As she is working but EU National is not?

I received a reply from EU advice but wanted to know of any experience of this.
Thanks

According to EU Advice:
In order to gain a right of permanent residence, as the family member of an EU citizen returning home after working in another EU country, your wife would need to demonstrate that:
(1) you have been living in the UK for a continuous period of at least five years before your partner applied (you should be able to prove this by any menas, for example bills in your name, any rental contract, etc.), and

(2) your partner has been living in the UK for a continuous period of at least five years before applying (your partner's passport should provide details of her date of entry in the UK and any other document that shows she has been in the UK for the last five years), and

(3) your partner is the family member of an EU citizen, and

(4) during this period, neither you nor your partner were absent from the UK for more than 6 months (or one year in exceptional circumstances).

As a result, these documents should suffice to prove conclusively that your partner was living in the UK for five years as the family member of an EU citizen who had previously worked in another EU country.

Your application would be on the basis of being a 'self-sufficient' person under EEA Treaty Rights, so this is the term you need to focus on. As mentioned above, you'll need to have comprehensive sickness insurance in your name covering the whole family, including your working partner (regardless of whether her work package includes health insurance) and children. The 'brief' explanation of this in the UKBA site is either a private health insurance covering most non-emergency procedures or non-UK EHIC cards. Further discussion elsewhere in this forum. The other measure is sufficient income to prove you do not need state support. No particular minimum amount - just collect and submit your bank statements. The other thing to be mindful of with self-sufficient status is that you need to be much more careful about public funds than an EEA national worker does. Child benefit, for example, is out. There is a doc on the UKBA site about what you can claim and what you can't.

[englishman9]

Your application would be on the basis of being a 'self-sufficient' person under EEA Treaty Rights, so this is the term you need to focus on. As mentioned above, you'll need to have comprehensive sickness insurance in your name covering the whole family, including your working partner (regardless of whether her work package includes health insurance) and children. The 'brief' explanation of this in the UKBA site is either a private health insurance covering most non-emergency procedures or non-UK EHIC cards. Further discussion elsewhere in this forum. The other measure is sufficient income to prove you do not need state support. No particular minimum amount - just collect and submit your bank statements. The other thing to be mindful of with self-sufficient status is that you need to be much more careful about public funds than an EEA national worker does. Child benefit, for example, is out. There is a doc on the UKBA site about what you can claim and what you can't.

I can't see how applying as self-sufficient will reduce benefits, can you show links to this. We are claiming child benefit and child tax credits but as this is being claimed through myself as UK Citizen and my child.
The sufficient income you mention is from my non-EU partner?
The sickness insurance is now not necessary http://europa.eu/rapid/press-release_IP ... ?locale=en

[jotter]

If you are a UK citizen that is a completely different matter. You didn't mention this anywhere so far in this thread, so I assumed that you were EU non-UK, which is the usual status for person asking these kind of questions.

I've looked through your profile now and found out that yours is a Surinder Singh case. It's important that you mention this whenever you start a new thread.

Leaving that aside, you can find a statement on the difference between how a working and a self-sufficient EEA national is considered with respect to public funds here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The link you mentioned is a request from the European Commission, but there is no evidence on the UKBA site to say that the UK has adopted this change. The UKBA site continues to say that CSI is needed for self-sufficient. If an applicant wishes to take their chances on that and argue their case, that's their affair.

The above is relevant to EEA non-UK. Whether it's relevant to Surinder Singh is something I'll leave to one of the moderators/gurus.

[Jambo]

As the OP has been told already in a different thread, British nationals on a Surinder Singh route are not required to exercise treaty rights on their return to the UK.

[hellrose]

... As mentioned above, you'll need to have comprehensive sickness insurance in your name covering the whole family, including your working partner (regardless of whether her work package includes health insurance) and children.

So the health insurance coverage I receive through work (it includes outpatient coverage) does not count as CSI?
Could you please detail this out for me?

EDIT: Oh wait I just saw Englishman9's post, this is great news!

[Englandd]

normally there are two types of health insurance plans:
1. Private medical insurance for individuals (Individual buys for itself & family)
2. Company medical insurance (employer buys for workers as part of employer liability at work)

which one is yours. provider name and type of health insurance policy.

[hellrose]

normally there are two types of health insurance plans:
1. Private medical insurance for individuals (Individual buys for itself & family)
2. Company medical insurance (employer buys for workers as part of employer liability at work)

which one is yours. provider name and type of health insurance policy.

Well actually I have Private Nordic Gold coverage right now but I was planning on cancelling it because I recently started a job that has health insurance as a benefit (I have to opt in and it takes a portion of my pay). Since it's an optional benefit that I am paying for is it still a private insurance?

[Englandd]

if your policy being offered from job covers all of your family in terms of inpatient and outpatient treatment despite limits on it then it will work.

[Jambo]

Well actually I have Private Nordic Gold coverage right now but I was planning on cancelling it because I recently started a job that has health insurance as a benefit (I have to opt in and it takes a portion of my pay). Since it's an optional benefit that I am paying for is it still a private insurance?

The insurance doesn't need to be private as in "individual" (not a company) but rather private as in "not paid by public money".

Should be fine.

[hellrose]

Much thanks to you both

[jotter]

normally there are two types of health insurance plans:
1. Private medical insurance for individuals (Individual buys for itself & family)
2. Company medical insurance (employer buys for workers as part of employer liability at work)

which one is yours. provider name and type of health insurance policy.

Well actually I have Private Nordic Gold coverage right now but I was planning on cancelling it because I recently started a job that has health insurance as a benefit (I have to opt in and it takes a portion of my pay). Since it's an optional benefit that I am paying for is it still a private insurance?

Yes, it is. Any health cover that is not NHS and is (relatively) comprehensive should satisfy this requirement.

The main thing you need to be concerned with is this point in the EEA4 form:
"For time spent as economically self-sufficient: this [documentation] must include evidence of comprehensive sickness insurance for your EEA national family member and any family members included in your application." So you need to make sure you have everyone covered one way or another.