Exercising treaty rights after 3 month

[Minhr]

Please help with advice.
I'm non EU, and I'm in UK for 3 month. My wife had a job, but at present moment she is unemployed and currently seeking for a job for about a month, also we didn't buy CSI. Now it is a moment when she should start exercising treaty rights. I'm going to apply for EEA2 after she will find a job, but can I still be in UK if my wife is looking for a job after 3 months here? Can it be considered as exercising treaty rights?
Also she is not registered with Jobcentre Plus, she called them and they said that it is not possible just to register she should claim for benefits, and of course she can't do it because of my status. Maybe she didn't understand well what she was told? But she registered on most of job sites, she has emails to and from potential employers to prove that she is actively looking for a job.

[Obie]

In those circumstances, i will say she is indeed exercising treaty rights.

She is actively seeking work, which is the essential ingredient for engaging that provision.

[Minhr]

In those circumstances, i will say she is indeed exercising treaty rights.

She is actively seeking work, which is the essential ingredient for engaging that provision.

Thank you for the reply! Even without registration with Jobcentre Plus it will be fine? My wife wanted to register but it is not possible without claiming benefits and we afraid that it can influence my application. But on anther forum I was told that it is ok if she'll claim for JSA?

[compwin]

Has she registered with any emplyoment agencies, kept copies of applications, replies from companies, all these show seeking work

[Hubba]

Has she registered with any emplyoment agencies, kept copies of applications, replies from companies, all these show seeking work

Yep, keep copies of all replies to her job applications, I.e. Interview invites, rejections, etc. all these show that her is actively looking for a job.

[sheraz7]

It will be more wiser to apply eea2 RC when your EU national partner will find new work or become self sufficient because convincing the caseworker on the basis of job seeking activities is extremely difficult although job seeking is one of the mode to exercise treaty rights.

[el patron]

I don't she why your status stops her from making a claim to benefit, you have been here more than three months anyway I believe. Either she makes a single or joint claim, they can processs joint claims manually if you have no NINO, but often they appear to be 'lazy' and avoid the manual claim option! Don't be put off by bluff, ask benefits staff to refer to the decision makers guidance.

[Minhr]

I don't she why your status stops her from making a claim to benefit, you have been here more than three months anyway I believe. Either she makes a single or joint claim, they can processs joint claims manually if you have no NINO, but often they appear to be 'lazy' and avoid the manual claim option! Don't be put off by bluff, ask benefits staff to refer to the decision makers guidance.

We both have NINO, she used to work but left job, because we took here our child (if it is important, biologically not mine, and not adopted). Now child is in school, and my wife can work. But was thinking that my wife have no right to claim benefits, because in this case I can not be there as being dependant on local social system.

[Minhr]

Couple days ago my wife visited Jobcentre Plus and they didn't register her. Said that she should be working for 2 years. Is it ok? And she wanted to register not because of benefits but to show that she is exercising treaty right as jobseeker, that she is actively looking for a job. Now all the proof we have are emails.
After she will find a job, I'll apply for EEA2, but as we are in UK little bit more than 3 months I will have to provide proof that during some period after 3 months passed she was exercising treaty rights as jobseeker, and registration at Jobcentre could be one of the proofs.

[Minhr]

My wife just has received job offer. But the strange thing is that employer said that he can't give her pay slips, only check from company, or paper approval of money transfer from company to her account. He gave her contract to sign, but strange thing is about pay slips. What can you say about this. If it ok? Or I can have problem with my EEA2 application and better for my wife to find another job.

[Obie]

A person does not need to have payslips in order for them to have a worker status under EU law.