MORE LIGHT PLS

[DAMMYDAMMY]

i have a residential card valid till 2017,pls,my wife has stopped working since 2012 march cuz of my baby boy delievered,she is ready to go back to work now but she is entittled to 16hours work as she live in a council house alone,pls can 16hours work count as been exercise treathy right in her case?pls if no,what will i need to do now to start preparing for my eea4 next 3years as she need to be exercising treathy right,she ll be 5years in uk by next year which gives her permanent resident,if by this time,will i still need to prove her treathy right after accuquiring pr,pls i need your help .

[EUsmileWEallsmile]

Moved to correct forum section.

[DAMMYDAMMY]

Thanks pls but how do i do that,i hv bin trying since,enlight me pls,thanks

[Obie]

Was your wife on maternity leave, or did she just quit work.

[IyaCiara]

If your wife took maternity leave she is still classed as a worker and is still exercising treaty rights. If she quit her job in order to look after your baby then she is not currently exercising treaty rights and is no longer residing in the country in accordance with the 2006 Regulations. So this is the first thing that you need to clarify for the 5 year qualifying period before applying for PR.

Secondly, you mentioned that your wife can only work up to sixteen hours because she lives in a council flat. Is it that you guys are separated and that she can only work up to 16 hours before she loses her benefit entitlement? Living in a council flat does not prevent a person from working as many hours as they wish. Can you please provide some further information regarding your current circumstances?

[DAMMYDAMMY]

Thanks,my wife stop working when the pregnancy was 5months old as a result of the scan she had,she was adviced to stop working by her Jp and we have a letter toward that,she has had d baby now n the baby is 1year old but now she is ready to go back to work since d baby is 1year old,from onset we dont live together,i only come to the house on weekends and on my off days as i work in a close town to where she lives,she had kid from her previous marriage n claim chb,tax crd,housing b before i meet her,and she also claim cb for my son since bith n ch tax credit.she is entitled to work for 16hours cuz she lives in a council paid private house,my question is Will 16 hours count as been exercising treathy right when i ll be applying for my indefinate leave to remain?2,if no,what can i do now to make things easier for me when i ll be applying for my indefinate leave,3,if she decided not to work again pls what benefit she ll need to stop from now so it will be easier for me when i ll be applying,she ll be 5years in uk in 2014 which qualifies her for PR pls will i still provide proof of her exercising treathy right even when she has accquaring Pr or i ll provide it till when she get pr.thanks

[IyaCiara]

Well, firstly I need to say that I'm not expert on EU Law and others on this forum certainly know more than I do. However, there are a number of issues that you need to address.

You say that your wife stopped working due to pregnancy complications. I think this means that she is no longer exercising treaty rights because in order to retain her status as worker she should have taken extended sick leave from her job. If this was unacceptable to her employer then it would have been down to them to fire her (highly unlikely that they would have) and then she could have claimed JSA which would have entitled her to retain her worker status. That said, I seem to recall that having to end working involuntarily and temporarily due to illness does not necessarily interrupt ones status as a worker.

Working 16 hours per week should be sufficient to prove that your wife is exercising treaty rights. If she decides not to work again then she would need to demonstrate that she is exercising treaty rights through self sufficiency (most probably through your earnings) and both of you would need CSI. If she cannot prove this then she will not be exercising treaty rights and has no right to remain in the UK under the 2006 Regulations.

Regarding permanent residence in 5 years time regulation 15 states the following:

15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(b)a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

From what you have mentioned previously you are not actually residing with your wife. Do your bills go to her address? Is your name on the tenancy agreement?

If your wife gets PR in 2014 then you would probably need to provide proof of her exercising treaty rights from the date of your marriage until the date she acquired PR. Then once she has acquired PR there is no further requirement for her to exercise treaty rights.

In any case, as I said, I am just offering an opinion and what I am saying may not be entirely correct.

[DAMMYDAMMY]

Thank u so much for your reply,after my wife stopped working due to complications,she did applied for jsa n get it till when she was about to give birth,and it was d jsa document and her previous payslips for the past 1year 8months that i did submitted to get my residential card which i got on the 6months deadline,am only getting prepared for when i will be applying for my indefinate leave,meanwhile,i have my bank statement on her address and her previous child from previous relationship do send in letters from the school on a weekly basics to the address on my name n my wifes name as the childs guardian.which benefits will she have to stop if she not going to work again pls and will i start having the csi now or wait till when i will be ready to apply pls.once again thank u so much

[DAMMYDAMMY]

sorry,i forget to mention that she is on income support now since after birth of my child

[IyaCiara]

Well, while she was claiming JSA she had retained her status as a worker but this is not the case now that she is claiming income support. Therefore, at the moment she is not exercising treaty rights. This is likely to effect her when she applies for PR in 2014 because she will not be able to prove 5 continuous years of exercising treaty rights.

If claiming that she is self sufficient (through your earnings) then you would need to start claiming CSI immediately and she would need to stop claiming benefits. However, when it comes to you acquiring PR, the 5 years required for PR need to be continuous and so would only start as soon as self sufficiency can be proved. For example, if self sufficiency could be proved from 01st Feb 2013, then PR could be acquired on 01st Feb 2018.

Regarding claiming benefits the Europran Caseworking Guidance says the following:

EEA nationals who are in the UK as self-sufficient persons and students should be able to support themselves without public funds. Such persons are only able to claim public funds without losing their right of residence if they are able to demonstrate that they are not an unreasonable burden on the state.

I suspect that claiming child benefit should not be an issue, but most other benefits are means tested and a self sufficient person is unlikely to need to claim them.

[DAMMYDAMMY]

thanks pls,i think u dont get me very well,i ll be due to apply for indefinate by 2017,my wife will be ready for pr next year,pls what will she need to start working now or stop claiming the income support for her to acquire pr.
as my own case u hv satisfy me,i am really gratefull,many thanks

if she start working from now or stand as sufficient person and get csi,when will she be ready to submitt her pr application pls,pls dont forget she has start claiming income support for abt 9months now.after jsa

[DAMMYDAMMY]

ohhhhh am sorry,i hv read again n understand you very well,thanks so much,u re blessed

[IyaCiara]

What I am telling you regarding your wife's PR is that she must have a 5 year continuous period of exercising treaty rights to qualify for PR. Claiming income support for 9 months has broken that 5 year continuous period so she will not be eligible to apply for PR in 2014. So whether she starts work now or claims to be self sufficient is irrelevant because the 5 continuous years of exercising treaty rights have already been broken.

[DAMMYDAMMY]

Thanks so much,i now get you very well n understand everything,pls does dat means that my residential card is no more valid when she is not exercising treathy right now?
2,pls am planing to bring my mother inn within the next 1month so she can stay with my kids for some time and allow my wife to start working,will the home office grant my mumm a visa now as my wife is not exercising treathy right for now and pls do u have any idea of the documents i will need to bring my mumm in as a visitor.many thanks for you time taken

[IyaCiara]

Technically your residence card is not valid, but once issued I don't think that Home Office would check up on you.

Regarding bringing your Mum here, the most logical option would be to apply for a Family Permit in her country of origin. This is free of charge. However you would need to provide proof that she is dependant on you and you would also need to provide proof that your wife is exercising treaty rights in accordance with the regulations.

There is a charge for the visiting visa and no guarantee that it will be granted.

My Nigerian mother-in-law first came to the UK in 2008 on a visiting visa. When applying for her visiting visa my husband and I provided her with certified copies of our passports, our last 3 months bank statements, a copy of our tenancy agreement, our daughter's birth certificate, our marriage certificate, my husband's birth certificate and a letter confirming that we would be responsible financially responsible for her when she arrived in the UK. This visa was granted, as was a subsequent one in 2010.

In January 2012 we applied for a Family Permit for my mother-in-law. This time we needed to provide proof that she is dependent on us. We did so by providing various money transfer slips dating back to 2004. We also submitted the same documents used for her visiting visa and additionally we provided proof that I am exercising treaty rights as a worker and student. Her permit was granted 4 weeks later and she now lives with us in the UK. We are currently waiting to hear the outcome of her EEA2 application.

Regarding your wife working - is it possible for you to take care of the children temporarily while she looks for/finds a job? Afterall, it is the EU national exercising treaty rights which is most important.

[DAMMYDAMMY]

Thanks so much for your quick response n good advice,pls i understand you perfectly right,yes i can take care of d kids pending the time my wife ll go back to work n even after she has gotten a job,my problem is,which benefits she will need to stop immediately,she is now on housing benefit,child benefits,child tax credit n income support,pls tell me exactly which 1 she will need to stop n if i just invite my mumm for a visit providing just all the documents you mention first above without proof that my wife is excersing treathy right\,will that be enough to grant my mumm a visiting visa?i dont mind paying for the visiting visa pls

2nd,which name will csi bear if am going to the direction,will it bear both my wife n my name including d children or just my name or obly my wifes name pls.i thank u once again for your time taken.

[Obie]

When did the doctor give her notified her that she is unfit to work, and when was she given the all clear?

[IyaCiara]

It isn't actually about what benefit she stops claiming at this point, it's about her needing to exercise treaty rights. As previously stated, if she is to exercise treaty rights through self sufficiency then she should not claim any benefits and should have CSI should cover the whole family.

Her stopping other benefits right now is neither here nor there until she gets a job. She could possibly ask the DWP to transfer her from Income Support to Job Seekers Allowance which may classify her as a worker again but not sure how this would work because my impression is that she's claiming as a single Mum and I have no idea how easy it would be for her to change from IS to JSA. Or indeed if that could create any further problems for you when the time comese to claim PR.

Regarding your Mum's visiting visa, I can't give you any more information because I only have my personal experience from my mother-in-law to draw on.....sorry.

Again, I do want to remind you that what I have been saying is my interpretation of the 2006 Regulations and I am no expert on EU law.

Moderators and gurus, can you please help this gentleman out further?

[Obie]

If the wife is a an EEA national who temporarily cease activity due to illness, and this can be attested, then she is qualified person, for as long as the doctors instruction is valif or existing.

After the doctors advice expires, and provided she does register with jobcentre or find work, she is a qualified person.

[DAMMYDAMMY]

Thanks to you guys obie n iyaciara,i do appreciate u guys,she will start work soonest cuz we are already searching for job,Obie,she was 54 t 5months in pregnancy when the Gp told her to stop working due to complications n she immediately claim job seekers allowance but 2months before she gave birth to my boy she has been transfered to income support,we try to change it back to job seekers immediately we recieved the letter and we re told that due to the fact that she having a baby she ll be on income support,but she will try to start work in earnest,Pls is she still clacify as a worker and can she apply for pr by next year if she get a job now and still be a qualify person pls.many thanks to iyaciara n obe once again.

[sheraz7]

claiming public benefits infact affect eligibility for PR despite some benefits are allowed but certainly not ones like housing and income support. Moreover, if your eea partner is from A8 nation then she should be registered under WRS scheme that exist before may 2011.

[sheraz7]

claiming public benefits infact affect eligibility for PR despite some benefits are allowed but certainly not ones like housing and income support. Moreover, if your eea partner is from A8 nation then she should have been registered too under WRS scheme that exist before may 2011.

[DAMMYDAMMY]

thanks Sheraz7,pls can u explain better pl,i dont seems to get what u re pointing at.thanks

[DAMMYDAMMY]

yeah my wife is from A8 national n she started living n working in uk from 2009 n she registered with the home office WRS.

[sheraz7]

I believe the previous posters has already given you reply. Remember, there is no escape from the requirement that an eea national should not be burden on state benefits and housing and income support are major benefits and violate this criteria. Although your earlier restlessness seems a wise plan but unfortunately we need to fulfill the criteria.