eea4 application

[Phase10]

Good day everyone,
I am a non eea married to a Lithuania wife since 2012 Jan and was issued a residential permit as a family member of an eea August 2012. I have a son now age 5 and expecting another later this year as my wife is pregnant.
My wife been an A8 member registered with the home office 2009/10. after the birth of my son in November 2011 my wife did stopped working for few months I:e 4months claiming income support but I realised this may have effect on me and changed it to job seeker allowance till few months later when she got a job.
She has been working permanently since Jan 2013 till now and still working, please I forgot to mention she worked from 2009 to when she gave birth to my son in 2011 november.
She claim ch benefit, child tax credit and house benefit from her previous relationship on 2 children up till now only on her name with my son included since his birth.
We only lived together for 2years and now I want to apply for premium service on Eea4.
Please what are the documents I will need and how do I go about all the benefit she claimed on previous children and how do I go about this please.
Many thanks in advance.

[noajthan]

If married and in UK the earliest you could acquire PR is 2017, on or after your anniversary.

How soon after arriving in UK and starting work did sponsor/wife register for WRS?
Did wife re-register if changing jobs (employers) in first 12 months of work?

Sponsor's status when work stopped?
Any maternity leave?
Any health insurance in place?

You seem to mention life together (in UK?) for 2 years out of past 4 or 5 years.
Are you still married?
Are both parties still in UK?
Any prolonged absences from UK?
What was sponsor doing since early 2012?

[Phase10]

Many thanks for you swift reply, yes we are both still living in UK, but we only live together for a period of 2 years though still married and seeing/visiting each other and in good terms just that I work away from home and live somewhere else.
She registered as part of A8 eea member in 2009/10.
We are still legally married and yesterday was our 5years marriage anniversary, she worked from Dec 2009 till oct 2011 when she gave birth to my son in 2011, after which she stopped working, started working again Jan 2013 up till now on a permanent job.
On my own part I have been working since 2011 up till now and on a permanent job.
She never reregistered after she started working again in Jan 2013 as she has registered before in 2009 and I think by now she must have acquired pm status.
Please hope my explanation helps and please kindly advice moving forward and the documents I ll need to apply for PR.
No health insurance on her name except the Lithuania health insurance she had through the eea system and no maternity leave as she work for agency during those time. And when she stopped working she was on Jobseeker's Allowance and visit the job centre for signing weekly.

Thanks

[noajthan]

Many thanks for you swift reply, yes we are both still living in UK, but we only live together for a period of 2 years though still married and seeing/visiting each other and in good terms just that I work away from home and live somewhere else.
She registered as part of A8 eea member in 2009/10.
We are still legally married and yesterday was our 5years marriage anniversary, she worked from Dec 2009 till oct 2011 when she gave birth to my son in 2011, after which she stopped working, started working again Jan 2013 up till now on a permanent job.
On my own part I have been working since 2011 up till now and on a permanent job.
She never reregistered after she started working again in Jan 2013 as she has registered before in 2009 and I think by now she must have acquired pm status.
Please hope my explanation helps and please kindly advice moving forward and the documents I ll need to apply for PR.
No health insurance on her name except the Lithuania health insurance she had through the eea system and no maternity leave as she work for agency during those time. And when she stopped working she was on Jobseeker's Allowance and visit the job centre for signing weekly.

Thanks

Co-habitation is not mandatory on EU route but you may have to explain your living/working arrangements.

So the grey area is 2012.
If not on maternity leave (by which she could have retained worker status) then wife was perhaps a part-time worker. In which case HO will apply MET.
Or else perhaps a jobseeker.
Finally, she was possibly self sufficient if that cover from Lithuania extended to UK - do you mean Lithuania EHIC?

You need to clarify wife'sstatus in 2012 to see if the PR clock was still running.
If it was then all good - you may have acquired PR by today.

If PR clock had stopped then it will have restarted with work in 2013 which means you could acquire PR by 2018.

Wife may wish to look into confirming her PR status too; again when she acquired it depends on her status in any earlier gaps.

[Phase10]

Thanks and yes I meant Lithuania EHIC also when my wife stop working by 2012 January she stopped because she gave birth to my son and unable to work due to that, she was on job seekers allowance for most of 2012 and registered with job centre and signed weekly.

Please is it compulsory my wife apply for pr before I apply for eea4 or can we both apply on a premium same day service?
How do I fill in the benefit side of the form please?

My 5 years is still valid till August 2017 but I guess I can apply now since we have clocked 5years in marriage? What do you think please? Thanks once again

Thank you for all your explanation

[noajthan]

Thanks and yes I meant Lithuania EHIC also when my wife stop working by 2012 January she stopped because she gave birth to my son and unable to work due to that, she was on job seekers allowance for most of 2012 and registered with job centre and signed weekly.

Please is it compulsory my wife apply for pr before I apply for eea4 or can we both apply on a premium same day service?
How do I fill in the benefit side of the form please?

My 5 years is still valid till August 2017 but I guess I can apply now since we have clocked 5years in marriage? What do you think please? Thanks once again

Thank you for all your explanation

You don't actually have a visa (RC is not a 'visa') and the dates on it are quite irrelevant.
If wife was a qualified person in 2012 then your period probably runs until 5th anniversary.

However if spouse was not a qualified person during 2012 then her PR clock stopped at that time for her and for you.
In that case it would have started up again (from zero) sometime in 2013 (with work) and needs to run through to 2018.

Yes, you can apply together if the application stands up.

With a foreign EHIC, wife may have option to claim time as a selfsufficient qualified person in 2012.
That won't extend to cover you unless you had health cover in place too.

Or else maybe she qualifies as a jobseeker qualified person. Good evidence of jobseeking required - not just of signing on or reporting to JC.
That may be tricky if it was a kind of unofficial maternity leave.

So suggest you dig further into wife's status in 2012.
For benefits side of things just answer the questions.

[Phase10]

Thank you once again, for the period my wife was a job seekers, she did apply for various work and have copies on her email as evidence, she also registered and have accounts with job seekers website also have evidence as she applied for various jobs on the Govt website through her adviser then.
Am hoping all this evidence can/will prove she was actually looking for job actively during this time.
Am just hoping things work well, please if we decided to apply together, do u know if the premium one day service will be able to attend for the 2 application together pls? I want to also apply for my son who is now 5years in U.K. As he was born here to comfirm his permanent resident. Pls advice further .... thanks

[noajthan]

Son doesn't need PR although you can apply for him if you wish.

Once one parent is settled (with PR status) son can be registered as a citizen under section 1(3) of BNA. Form MN1.

[Phase10]

Many thanks for all your explanations, you have been really helpful and I do appreciate you.


Kindest regards