EEA application help

[Figo10]

Hi all,

I’ve been reading through the posts for the past couple of weeks so I could find out more information about my case and decided to write a specific post.

I’m a Portuguese national, and my husband is not an EEA national. I’m on a 2nd Residence Permit which doesn’t have an expiry date on (my 1st Residence Permit had a ‘valid to’ date), but on my husband’s passport, his visa will expire on August, 2011.

Regarding my past 5 years, I’ve worked from Feb/2006 until Aug/2008, when I lost my job. I’ve stayed on Income Based JSA for 2 months until Oct/2008 when I started my Maternity Allowance until Jun/2009. Since then I have been studying on a full-time basis only.

Does it matter that my husband has been working with the same employer since Oct 2005? Or they won’t even look at his situation?

I was wondering which we should apply for: PR or another Residence Permit. I’ve spoken to 3 different Solicitors about my case: one of them told me I can’t apply for a PR and that even my current Residence Permit could be annulled if I don’t start paying for private Health Insurance, but shouldn’t I be covered by my husband’s NI contributions? The other 2 could not tell me for sure if I should apply for the PR or just the Residence Permit again.

I would be grateful if anyone could give me some pointers.

[Figo10]

Anyone?

[nonspecifics]

The important thing UKBA look at is the EEA national's status.

The non-EEA's work is mostly irrelevant.

"Shouldn't I be covered by my husband's NI contributions?"

You are resident in the UK, so are entitled to the NHS according to UK law.

Your right to the NHS is not based on your husband's NI, but he is helping to pay for the NHS through tax and NI- well done your husband.

BUT, UKBA SAY: NO NO NO.

Since June 2009 , If you are a student, you are supposed to be self-sufficient which means adequate resources to support yourself and any family members.

You are also required to have Comp Sick Ins for yourself and all family members.

You need an EHIC card from abroad from before you came here or other CSI without reliance on the NHS for you and your husband, even if your husband earns a fortune and pays £thousands in NI contributions every week. Very unfair, but that's UKBA for you.

If you don't have those then you are not exercising Treaty Rights.

Depending on how strictly UKBA is going to enforce the rules, they could say:

If you are not exercising Treaty Rights since becoming a full-time student, then your non-EEA family member does not have the right to work - if they rely on your sponsorship for their right to work.

If the the non-EEA is living and working here cos you are supposed to be sponsoring them, UKBA are likely to say that the non-EEA's money was earned unlawfully ( cos they lost the right to work when you stopped exercising Treaty Rights) and cannot be accepted as evidence of income.

Prior to June 2009 looks fine: Your previous time on benefits should be ok, cos you were working then on Jobseekers for a short time only - so still legally a jobseeker / worker, so able to sponsor and no CSI needed.

Maternity allowance was payable cos you had been working. It does not count as public funds- so for that they should not be able to say you were an unreasonable burden.

If no CSI, then get it quickly. For self-sufficiency, maybe get a part-time job to show the EEA has an income or get a loan from your family. If you have savings put them all in the EEA's name, but avoid a direct bank transfer from the non-EEA's account, as UKBA will say that's proof you are reliant on the non-EEA's income.

It's up to you if you want to try applying for anything from UKBA right now. Only they can they give the definitive answer.

All we can give are opinions.

But if it were me, I would make sure the EEA national is definitely exercising Treaty Rights first or UKBA will probably say no to the EEA's and no to non-EEA's applications for residence documents.

[Figo10]

The important thing UKBA look at is the EEA national's status.

The non-EEA's work is mostly irrelevant.

"Shouldn't I be covered by my husband's NI contributions?"

You are resident in the UK, so are entitled to the NHS according to UK law.

Your right to the NHS is not based on your husband's NI, but he is helping to pay for the NHS through tax and NI- well done your husband.

BUT, UKBA SAY: NO NO NO.

Since June 2009 , If you are a student, you are supposed to be self-sufficient which means adequate resources to support yourself and any family members.

You are also required to have Comp Sick Ins for yourself and all family members.

You need an EHIC card from abroad from before you came here or other CSI without reliance on the NHS for you and your husband, even if your husband earns a fortune and pays £thousands in NI contributions every week. Very unfair, but that's UKBA for you.

If you don't have those then you are not exercising Treaty Rights.

Depending on how strictly UKBA is going to enforce the rules, they could say:

If you are not exercising Treaty Rights since becoming a full-time student, then your non-EEA family member does not have the right to work - if they rely on your sponsorship for their right to work.

If the the non-EEA is living and working here cos you are supposed to be sponsoring them, UKBA are likely to say that the non-EEA's money was earned unlawfully ( cos they lost the right to work when you stopped exercising Treaty Rights) and cannot be accepted as evidence of income.

Prior to June 2009 looks fine: Your previous time on benefits should be ok, cos you were working then on Jobseekers for a short time only - so still legally a jobseeker / worker, so able to sponsor and no CSI needed.

Maternity allowance was payable cos you had been working. It does not count as public funds- so for that they should not be able to say you were an unreasonable burden.

If no CSI, then get it quickly. For self-sufficiency, maybe get a part-time job to show the EEA has an income or get a loan from your family. If you have savings put them all in the EEA's name, but avoid a direct bank transfer from the non-EEA's account, as UKBA will say that's proof you are reliant on the non-EEA's income.

It's up to you if you want to try applying for anything from UKBA right now. Only they can they give the definitive answer.

All we can give are opinions.

But if it were me, I would make sure the EEA national is definitely exercising Treaty Rights first or UKBA will probably say no to the EEA's and no to non-EEA's applications for residence documents.

Thank you for your reply, Nonspecifics.

As you've said that prior to June 2009 everything is looking fine, do you think I could apply for PR for the period of June 2004 - June 2009? I don't even know if it's possible to do that, as we're in 2011 already, but if I've acquired PR in 2009, could I just send the EEA3 with proof of exercising treaty rights between 2004-2009?

I had a couple of gaps on employment since June 2004:

6 weeks in 2004 (JSA)
6 weeks in 2005 (seeking work but not on JSA)
4 weeks in 2006 (seeking work but not on JSA)

Is my understanding correct? Should/can I send an application for PR based on the period 2004-2009?

I appreciate any comments. My husband's visa expires next week so we're extremely worried.

For the moment, I am going to register at the Jobcentre (i've been looking for a job for the past 2 months, so I might as well be registered with them). If I return to Uni, I'll get the CSI.

[Jambo]

How long have you and your husband been living in the UK?

From the sounds of it, you and your husband have acquired a PR status which mean you don't need to worry about your husband's "visa" expiring.

If you can provide evidence of exercising treaty rights for 5 years (the few weeks being job seekers are just fine. You are allowed to be a job seeker and definitely when it comes to short periods), just apply using form EEA3 and EEA4. You will also need to provide proof you have not moved out from the UK since 2009 (any proof of residence in the UK such as utility bills should be fine).

I suggest you also attach a cover letter explaining your case as most PR application are made for the last 5 years and not 5 years in the past as in your case.

[Figo10]

How long have you and your husband been living in the UK?

From the sounds of it, you and your husband have acquired a PR status which mean you don't need to worry about your husband's "visa" expiring.

If you can provide evidence of exercising treaty rights for 5 years (the few weeks being job seekers are just fine. You are allowed to be a job seeker and definitely when it comes to short periods), just apply using form EEA3 and EEA4. You will also need to provide proof you have not moved out from the UK since 2009 (any proof of residence in the UK such as utility bills should be fine).

I suggest you also attach a cover letter explaining your case as most PR application are made for the last 5 years and not 5 years in the past as in your case.

Ji Jambo. Thanx for your reply.

We've been here since Feb/2001. Our PR application in 2006 was denied by the HO (unfortunately, we were relying on JSA for a long period).

I didn't know I could've applied for PR in 2009. I thought I should wait until my spouse's visa expired.

[nonspecifics]

All I've seen listed as the requirements for PR is five continuous years exercising Treaty Right.

It does not say which five - as long as they are continuous.

So, it's up to the applicant which five years they choose and it is also up to the applicant if, or when, they apply for confirmation of PR.

If you think there is any continuous five year period where you exercised Treaty Rights then it's a good idea to apply for PR on the EEA3 form ( for the EEA national.)

If you are going to apply for a Residence Card on the EEA2 form for your non-EEA spouse, then of course you could just send in the two applications at the same time, just cos it's mostly the same documents and same postage.

On the other hand, If your spouse has been your family member in the UK for the five years you were exercising Treaty Rights then he could also apply for confirmation of PR on EEA4 form.