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EEA4 - exercising treaty rights

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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kabuki
Member
Posts: 189
Joined: Fri Jul 10, 2009 1:03 pm
Location: England
United States of America

EEA4 - exercising treaty rights

Post by kabuki » Sun Jun 10, 2012 7:36 pm

I still have a couple of years before I can apply for this, but I want to get things in order and keep the documents in a folder so everything is together for the application when I can apply. I have a few concerns already though, so if anyone can help, it would be much appreciated.

1. When am I able to apply? Do I wait until my EEA2 expires, or does the time spent in the country start from the date of entry on the EEA FP or the COA for the EEA2?

2. My partner came over as self-employed in Ireland and became a jobseeker here, but did continue one of her freelance jobs from Ireland, and still does this. (She never registered as self-employed though as we didn't realise she had too, different rules in different countries, as she only makes about £1400-1500 pa on it.) - Is there a way to prove this self-employment? Will not registering, even though she wouldn't be liable for NI payments count against her?

3. She was employed for 6 months, paid in pounds through a UK agency, although she was working in Brussels for that 6 month period. She has a P60, so I'm assuming this will be find for her proof of employment.

4. After those 6 months she returned to London because I was training as a teacher and she couldn't work there any longer under EU law if she wanted to continue exercising her treaty rights. She was out of regular employment, took on an internship and maintained the self-employment mentioned in number 2. She did search for work, but then decided to complete a Masters. Would she be a jobseeker, or even without registration above, would she be considered self-employed? Does the unpaid internship count for anything?

5. She's been a full-time student (she was given paid work as part of the course, but that only covers about half of the course), and I've been working and supporting us this year. However, I only now realised that we needed comprehensive medical insurance for both of us for her to be exercising her treaty rights (ridiculous), so I'm guessing without that she isn't exercising her treaty rights? However, once again, she is still self-employed with the freelance work mentioned in number 2. Confused on evidence here?

I was originally issued the EEA2 permit as an extended family member as an unmarried partner, but by the time I apply for EEA4, we'll be married under Dutch law, which will be recognised here, so the relationship evidence is all in place. I'm just worried about the evidence to prove she was exercising her treaty rights. I don't want to put this off and then stress about getting everything in order, so I'm asking for advice on this so I can get out documents up to this point in order. She will be looking for work once again at the end of her Masters, and we are hoping she'll be in full-time employment come Aug/Sept, but if it takes longer, I'm hoping if she registers as self-employed now that all will be ok.

Any advice on the documentation so far would be much appreciated? Is she able to register as self-employed and back date it? I know £1500 pa isn't much, but it's still self-employed, plus her savings and my income. We do have copies of job applications and registration with a recruitment agency as well. She also registered as a jobseeker at one point, I think.

Cheers.

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