EU national family - exercising treaty rights

[WhoKnows]

Hi there,
Where both partners are EU nationals and are living as a family with heir EU national children and only the husband is self employed and the wife is taking care of children and children are in secondary school, is only the husband exercising treaty rights? What about the wife and children and taken that no comprehensive medical insurance is in place.

Thanks for any help in clarifying the above.

[dapto10]

Hello WhoKnows,

I'm not an immigration solicitor but I believe the kids would be fine as they are effectively dependents and the self-employed husband could sponsor them (include them in his application).

The wife though will have to prove she had exercised Treaty Right for 5 years. In case she doesn't have a CSI and she can't prove employment / self-employment, then things could be very difficult / impossible for her in regards to EEA PR.

[kamoe]

only the husband is self employed and the wife is taking care of children

Then the wife is not exercising treaty rights herself. She can apply as dependent, on the basis of her husband's exercising treaty rights.

[LillyPearl]

But if the wife is an EEA national and she does not have CSI, can she still apply as a dependent?
Also, would she need to apply using EEA(PR) or EEA(FM) ?

I am confused by the guidance here (scenarios 3 and 4, page 20)
https://www.gov.uk/government/uploads/s ... als-v4.pdf