EEA4 Excerising treaty

[suji2k]

HI
I am an Indian National , I came to UK as a student in 2003, then got my work permit on 2005, I meet my wife (German National), we got married in India at 2008, in 2009 I applied for an EEA2 permit and received 5 years visa ( until Sep 2014), during this period we had 2 kids, after my first kid, we decided that my wife will be at home to take care of our kids, this means that she has resigned her job. I have been working during this period.

My EEA family permit is comming to an end this September 2014, I am planning to apply for EEA4 in order to get my PR, as my wife is currently not working and taking care of our kids, does this mean that she is not excerising the treaty, I am also looking out for new jobs, does this mean that I will have to wait until I get a result to my new applicaiton ( as my EEA permit comes to an end in 4 months time, no employers will be willing to take an candidate with such a short period in visa , I assume )

Any help on this is much appericiated

[Obie]

during the time your wife decided to stay at home, did she hold a CSI. That will be key to your success.

[Hubba]

during the time your wife decided to stay at home, did she hold a CSI. That will be key to your success.

If she and her family are not covered by CSI, I'd recommend you to get CSI for your family and apply for another EEA2.

[suji2k]

Thanks for the quick reply Obie
Unfortunately I came to know about this comperhensive sick insurance just when I am checking for this process.
She does not hold a CSI, is there any alternative for CSI that I can provide ?
During this period we have not claimed any benifits , will that help in my applicaiton?

[kulla]

Hello Obie and other gurus,

I am exactly in the same situation as Suji2k. Actually I recently applied for EEA4 (16th of May) received acknowledgement yesterday (23rd May). Also my EEA2 residence card finishes on September 2014. I am worried as my wife is left job for our baby(british) in January 2014 (so she is not exercising treaty rights anymore) She recently received EEA3 (Permannat Residence Card with no expiry date). I work for our family and we never claimed any benefits.

-One soilicitor told me its HO decision to consider last month as working or not as She has been exercising treaty rights for 4 years and 11 months. Also he asked me to buy a comprehensive sickness insurance. and told me her grace period without traty is finished as she is jobless for more than 3 months.

-He also mentioned she is not exercising treaty now so i wont qualify.

I am really stressed and worried of getting refusal. how can i prepare myself? will they ask us to leave? please help

regards,
kulla

[ANGELA LIMA]

Kulla,

See if there is any chance for your wife to become self employed. It is just a suggestion.

[askmeplz82]

[quote="kulla"]Hello Obie and other gurus,

She recently received EEA3 (Permannat Residence Card with no expiry date).

she don't need to exercise treaty right anymore.

[Hubba]

Hello Obie and other gurus,

She recently received EEA3 (Permannat Residence Card with no expiry date).

she don't need to exercise treaty right anymore.

I don't think this is correct. From my understanding of EU directive 2004/38/EC, the right of residence for family members of an EEA national only exists if the EEA national is exercising Treaty Rights in another member country and it is given by article 7 paragraph 2. Therefore I think the EEA national does need to be exercising Treaty Rights, even if permanent residence has already been granted (please bear in mind, an EEA national with permanent residence in another EU member is not necessarily exercising Treaty Rights), in order to be able to sponsor the residence rights of family members.

[askmeplz82]

Hello Obie and other gurus,

She recently received EEA3 (Permannat Residence Card with no expiry date).

she don't need to exercise treaty right anymore.

I don't think this is correct. From my understanding of EU directive 2004/38/EC, the right of residence for family members of an EEA national only exists if the EEA national is exercising Treaty Rights in another member country and it is given by article 7 paragraph 2. Therefore I think the EEA national does need to be exercising Treaty Rights, even if permanent residence has already been granted (please bear in mind, an EEA national with permanent residence in another EU member is not necessarily exercising Treaty Rights), in order to be able to sponsor the residence rights of family members.

Somebody with PR is not required to be working or have savings. Once permanent residence has been acquired there is no requirement for the EEA national to be in the UK or need to work in the UK. in order for the NON EEA family member to be admitted and to reside as long as he/she not been absent from the UK for more than 2 years.

https://eumovement.wordpress.com/category/visas/

[Hubba]

Somebody with PR is not required to be working or have savings. Once permanent residence has been acquired there is no requirement for the EEA national to be in the UK or need to work in the UK. in order for the NON EEA family member to be admitted and to reside as long as he/she not been absent from the UK for more than 2 years.

https://eumovement.wordpress.com/category/visas/

In my view, there is no requirement for the EEA national to be working, have savings, or do whatever it would be needed to be exercising Treaty Rights if the EEA natnional has obtained permanent residence. The right of residence of the EEA National, on this case, is not dependant of the exercise of his Treaty Rights on the scope of the EU directive 2004/38/EC. The residence right of Non-EEA family members is dependant of the exercise of Treaty Rights by the EEA national, regardless of the fact that the EEA national may already have acquired PR. This requisite is only dismissed when the Non-EEA family member obtains PR. The Article 7 of EU directive 2004/38/EC doesn't cater for cases where the EEA national has already obtained PR. It only specifies that the EEA national must be exercising Treaty Rights as specified on Article 7, paragraph 1.