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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Yes, the child could have Portuguese nationality. But originally we would also like to get him/her British nationality as we live in the UK.EUsmileWEallsmile wrote:Technically you could argue that your husband did apply for an EE1. They would not have issued you with an EEA2 unless he qualified for an EE1.
I would check out Portuguese nationality rules if I were you. Was your husband born in Portugal; that might also be relevant to your child?
Yes, BUT under treaty rights you can only apply 5 years from the date you signed that cheap csi. As I learned myself the hard way, you must have csi throughout the entire duration of your studies. One break, and you start from scratch.mimine30 wrote:my advice is simple buy a cheap csi and then apply
If you get monthly payments which are subject to Income Tax and National Insurance, that means you are a worker (and not a student) as far as Directive 2004/38 is concerned. Your job title may have the word student in it, but that is irrelevant.Gyfrinachgar wrote:I was a PhD student myself and hence in that very situation. Problem is you do not consider these things when you start your PhD - especially as you get monthly payments and are entitled to the NHS. That is a bit schizophrenic in my eyes ("yes, you do have csi - no, we do not accept it for immigration purposes"), but that is the law. Fortunately I worked it out in the end, but I wish someone would have told me earlier, would have saved me unnecessary postage and frustration. Anyway, best of luck!
Yes, but bursaries are NOT subject to taxes, and unless I am gravely mistaken, EPSRC postgrad funding is a bursary. Granted, if you work at the same time, you do not need to worry about csi as you can claim treaty rights either as student or as worker (the latter making more sense), but this does not seem to be the case here.fysicus wrote:If you get monthly payments which are subject to Income Tax and National Insurance, that means you are a worker (and not a student) as far as Directive 2004/38 is concerned.
Scholarships/bursaries received by a student in full-time university education, are exempted from income tax; unless the bursary exceeds £15,000. Source: Her Majesty's Revenue and Custom - Statement of Practice 4/86 - Section 776 IT(TOI)A.fysicus wrote:I don't see how bursaries can be kept outside the tax and NI system.
Are you really really sure?Gyfrinachgar wrote:Scholarships/bursaries received by a student in full-time university education, are exempted from income tax. See Her Majesty's Revenue and Custom - Statement of Practice 4/86 - Section 776 IT(TOI)A.fysicus wrote:I don't see how bursaries can be kept outside the tax and NI system.
Hence, we are NOT considered workers.
No, unfortunately it is not that simple. A bursary is linked to a scholary activity, a studentship. The only difference to a normal student is: a normal student has to pay fees to cover the costs for the research at the university, while a bursary student does research that is so important that he/she gets tax-free money to support that research. That does not change the status as a student, the programme is still exactly the same in all aspects.fysicus wrote:The payment you receive is directly linked to your activity, hence you are a worker. End of story.
You also have to apply for any other university programme (BSc, MSc, MBA, ...) and can be dismissed by the university. That means nothing.You have to apply for such position and you can be dismissed.
Yes he/she is. Trust me, I know. I was a PhD bursary student myself. Been there, done that! I, like all my fellow students, was enrolled in a PhD programme and considered a student - despite the better financial standing, the vast autonomy and other privileges we enjoyed compared to other degree courses. I even have that in writing - why do you not believe me?A PhD student is not enrolled in a university course
is there a chance this may actually work? I've been living here for 6 years (4 years as a PhD, 2 years employed). My non-EEA husband got his EEA2 last April, but unfortunately I didn't bother getting my residence card. Could I now argue that I was technically issued an EEA1 before June 2011, and apply for PR? ... seems like a long shot to me!EUsmileWEallsmile wrote:Technically your husband should have had comprehensive sickness insurance throughout his time here to benefit from treaty rights.
Your husband may get away without this requirement if he applied for a residence certificate before June 20th 2011. This comes from chapter 6 Annex B of Permanent Residence cards. See the link here.
http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/Sylviaucl wrote:I applied for EEA2 in 2009, but my husband did not get a EEA1 (RC). So I guess this won't help muchEUsmileWEallsmile wrote:Technically you could argue that your husband did apply for an EE1. They would not have issued you with an EEA2 unless he qualified for an EE1.