Swiss-Canadian wife & Canadian husband

[CanadianBean]

Hi there,

I hope I am posting in the correct area.

We are waiting for my husband's residence card/permit. We arrived in August 2016 (he with an EEA family permit in his passport already) with our two dual citizen kids (both myself and them are Swiss-Canadian). He has a full time teaching job for two years here (we included the contract in the application).

We never knew about comprehensive sickness insurance until after the application. The application was for him only and I was his self sufficient sponsor (if I remember the terminology correctly). The self sufficient part came from him having work upon arrival and with us being married and reliant on each other. Does this cancel out having to have CSI because he works and pays taxes? We are just a bit confused and worried we filled out the application wrong and that it will get refused because of this.

*I am a stay at home parent & he works full time

Thank you for any help/advice you can provide.

[CR001]

His work as a non-EU cit is irrelevant.

You as the self sufficient EU cit require CSI for the family (can be in hubby's name though but family must be covered).

[CanadianBean]

Thank you so much for the reply. I am guessing he will get rejected then? Will it just be a matter of us getting the CSI and re-applying and waiting another six months, or will they tell us to leave etc?

[noajthan]

UK are not Philistines and you have a family; noone's getting 'deported'.
Just get CSI and reapply with adequate evidence.

RC is optional anyway, but of course prudent to have some EU documentation what with Brexit looming.

[noajthan]

UK are not Philistines and you have a family; noone's getting 'deported'.
Just get CSI and reapply with adequate evidence.

RC is optional anyway, but of course prudent to have some EU documentation what with Brexit looming.

[CanadianBean]

Thank you for the reply...

So if he gets turned down, could we opt to just not get the RC? Are we allowed to do that?
Or do we have to in order to apply for the permanent residence card in 5 years?

Sorry for all the questions, thank you for taking the time!

[noajthan]

Sponsor has to be a qualified person or your basis to reside in UK is tenuous.

Whether or not you choose to hold a RC to confirm your status is up to you.

But its now going to be too late to acquire PR in the normal way and, previously, EU-related transitional arrangements have depended on someone holding a RC by a key date.

All yet TBC regarding Brexit ofcourse.
But that £65 (plus bio fee) could prove a prudent investment.

Note a RC merely confirms status, it doesn't confer it.

[CanadianBean]

I think why we got so confused was because we read this on the UK government website;

"An EEA national can qualify as self-sufficient based on the income of their non-EEA family member".

That is why we thought it might include CSI...thank you for clarifying.

[noajthan]

The devil is in the detail.
And any website and even guidance are just edited highlights.

The map is not the territory.

Think of the Directive as Judge Dredd; it is the law.
And its the Directive that mandates that economically inactive persons should not pose an unreasonable burden on the host state's social assistance system.
Namely: get CSI.

[CanadianBean]

That's a shame, but what must be done, must be done

Would you happen to know if re-submitting the application with the new CSI information (once he gets turned down) will take six months again, or will it be a shorter time because it has already been processed and is just getting an add on?

Thank you for taking the time!

[noajthan]

That's a shame, but what must be done, must be done

Would you happen to know if re-submitting the application with the new CSI information (once he gets turned down) will take six months again, or will it be a shorter time because it has already been processed and is just getting an add on?

Thank you for taking the time!

A fresh application will, afaik, have its own timeline.
It can't be fasttracked based on prior knowledge, it will be assessed on its merits.

[CanadianBean]

We plan on re-applying now.
I was just wondering if claiming child benefits/child tax credit would cease me being a self-sufficient qualified person on the application for my husband?