EEA3 and EEA4 applications but need advice please!!!

[Misto]

Hi all,
I wonder if anyone can advice me!
I am Austrian and have been resident in the UK with my husband who is non-EEA national since March 2009. My husband has been granted 5 year resident card in August 2009. We came as job seeker before we secured full-time jobs. The following are chronological order of what happened for the last 5 years.
May 2009- Aug 2010 full time job
Sep 2009- Dec 2012 full time master degree( extended because I gave birth)
I have been offered full-time job which supposed to start in August 2011 but postponed until Aug 2012 because Of maternity leave. It is the same job I am doing now. While I was studying I applied for this job and both, the job offer and the university gave me extensions.
Aug 2012-now full time job

My husband is doing full time job since Aug 2009.

Also my mother which is non-EEA national had been granted 5 year residence card from Nov 2013.

Could someone please clarify,
1. Can I apply with my husband for EEA3 and EEA4 this March, did my maternity leave ( was non-paid because I didn't start the job) or being student at that time affect my application?

2. If I am granted permanent residence, would my mother status change? She is visiting UK every 3-4 months and staying for couple of months, she won't be here when I apply or when I get PR( if legible). Does she need to apply for another one or something else? Can she still enter the UK as usual?

I am grateful for any answer.
Thanks a lot
Misto

[askmeplz82]

1. Whilst she's still an employee, ie. an employment contract continues, she is exercising treaty rights as a worker.

Is she self-sufficient through her husband, if he has a residence card or was already employed/self-employed when she was employed, or other resources? if so she is exercising treaty rights if she has comprehensive sickness insurance for herself and family members (the HO usually requires this for self-sufficient persons and students without regard to NHS eligibility).

The definition of a qualified person (exercising treaty rights) is Regulation 6 the EEA Regulations
Unfortunately EEA national is no longer employed during maternity leave and isn't self-sufficient so she may not be exercising treaty rights.

2 NO status remain same.

[Misto]

Thanks for your reply.
My husband who is still on residence card was supporting me financially, does that mean that I can apply this March. Because as per definition I was self sufficient!!

[askmeplz82]

From 20th June 2011 all EEA national students and self-sufficient persons who are applying for documentary evidence of their right to reside in the UK, must provide evidence that they have comprehensive sickness insurance in the UK.

UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011.
3. When considering a permanent residence application in such a case the caseworker should also assume that time spent in the UK prior to the grant of the registration certificate was time spent in compliance with the comprehensive sickness insurance requirement.

Examples of when the transitional arrangements do not apply include:

EEA nationals who have already been issued with a registration certificate on another basis (for example as a worker) and who then became a student (but who did not reapply for a document confirming this before 20th June 2011 ) will not be treated under these transitional arrangements. Such applicants must show evidence of comprehensive sickness insurance or EHIC ( EHIC issued by an EU member state other than the UK ) for any time spent in the UK as a student.

Aug 2010 - Aug 2012 ( did you apply for registration certificate or may be you have EHIC ( european health insurance card from Austria ) or may be comprehensive health insurance in the UK ? )


Registration certificate : http://www.ukba.homeoffice.gov.uk/sitec ... /eea11.pdf

Ref: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[jrakhila]

Hi,

My sister (Russian) is married to EEA national (Italian), she has PR already from Nov 2013.

I am on residence card (till Oct 2016), and in 2 years I should apply for PR too as an extended family member.

However, my sister is going to divorce her husband this year. Would this affect my case?
Can I still apply for PR?

Thank you.