EEA 4 or EEA 2 again?

[mathan]

Hello,

Could someone please advise me.
I am a EU national, my husband is Non-EU. We got married in Sweden and moved to UK in 2008. At that time my husband was on student visa. My husband applied for EEA2 and got the resident card in 2010. I was working at that time so everything was fine and we did not look at the section about self sufficient.

Later it 2010 we had our first baby and I was on maternity leave for 9 months and after that I did not go back to work. In 2012 we had another baby and in end of 2013 I went back to work part-time. Early 2014 I stopped working to look after my children. Now I started to work part time again, started in Dec 2014.

When I was not working I did not have a sickness insurance or was registered as job seeker.
My husband has been working since 2010 and he has supported myself and the children.

Now his EEA2 visa is expiring in May. So I started to look for the next step and found out that we should have had a sickness insurance... so what can my husband do now?

Can we apply for EEA2 again? I am only working part time, is there a limited on how many hours or how much I should earn?
If I stopped working in the future do we need to get insurance for the whole family (husband, myself and the children)?
Can I be self sufficient and be depended on my husbands income?
If my husband applied for EEA2 again, do I have to apply for EEA1 again?

Can someone please help me to understand.
Many thanks,

[ohojska]

Hello,

Could someone please advise me.
I am a EU national, my husband is Non-EU. We got married in Sweden and moved to UK in 2008. At that time my husband was on student visa. My husband applied for EEA2 and got the resident card in 2010. I was working at that time so everything was fine and we did not look at the section about self sufficient.

Later it 2010 we had our first baby and I was on maternity leave for 9 months and after that I did not go back to work. In 2012 we had another baby and in end of 2013 I went back to work part-time. Early 2014 I stopped working to look after my children. Now I started to work part time again, started in Dec 2014.

When I was not working I did not have a sickness insurance or was registered as job seeker.
My husband has been working since 2010 and he has supported myself and the children.

Now his EEA2 visa is expiring in May. So I started to look for the next step and found out that we should have had a sickness insurance... so what can my husband do now?

Can we apply for EEA2 again? I am only working part time, is there a limited on how many hours or how much I should earn?
If I stopped working in the future do we need to get insurance for the whole family (husband, myself and the children)?
Can I be self sufficient and be depended on my husbands income?
If my husband applied for EEA2 again, do I have to apply for EEA1 again?

Hi Mathan,
I hope that I will not missinform you but will share with you my experience. My husband also holds the Residence Card EEA2 which is about to expire in March. In December we applied for his EEA4 based on my 6 years employment. Last year we had a baby as well and I was on maternity leave. I was thinking that I will not come back to work after that, at the moment still have holiday from my employer. Just in case I phoned a few times to the HO and each time got a little bit different info. First of all they said that our application will be fine if I stop working now because I was employed at the time of the application but if for some reason the application will be refused and we decide to reaplly that time it would be refused because I wouldn't be exercising Treaty Rights. another time I was told that I can be selfsufficient just need to hold the health insurence. another person tho from the HO told me that the selfsufficent category is only for a really wealthy people, let say you have a milion of pounds investment and you live from the interests. He said as well that this is a very common problem that the EU wife after maternity leave doesn't want to come back to work and wants to be supported by the NON-EU husband, which is not allowed. So he strongly advised me to come back to work that is why in 2 weeks I'm comming back to my old work at least untilll his PR wil be granted.

Can someone please help me to understand.
Many thanks,

[mathan]

thanks ohojska for your rply.

We are going to apply for EEA 2 again and then apply for long residence next year (by then my husband would have been in the uk lawfully 10 years).

[sheraz7]

thanks ohojska for your rply.

We are going to apply for EEA 2 again and then apply for long residence next year (by then my husband would have been in the uk lawfully 10 years).

If he (non-eu national) is not eligible for EEA4-PR due to treaty rights problem then he cannot be eligible for long residence -ILR either because that route will require the same evidences of treaty rights for the period he has spent as family member of EU national.

[mathan]

I haven't thought about that, thank you for inform me.
So does this mean that my husband has been here unlawfully the last 5 years because I did not exercise treaty right?