mrlookforward
11 years ago
What did you do between 2006 and 2008?
What did your husband do between 2006 and 2008?
After you stopped working, did you get comprehensive health insurance?

regards
Sponsor

lifeintheuktest
11 years ago
In 2006 after marriage our first son was born. I stayed with him at home till 2008, then I started my job.
My husband was student between 2006 and 2008 and was doing part time job.
We were not receiving any benefits in Uk that time, but I was entitled to some maternity benefits paid by Czech republic.

We all have European Health Insurance card (EHIC) issued by UK, did you mean that?

Thank you.
mrlookforward
11 years ago
No I did not mean EHIC at all. Basically you are not entitled to EHIC at all. Nothing is going to happen, but your use of EHIC is illegal. Nothing is going to happen but by the word of law, you are not exercising treaty rights at all. You have not been exercising treaty rights since you left work. Your husbands eea4 application will be refused.

When you left work, you should have bought a "comprehensive health insurance". After this if your husband was working, then you the eu citizen would be regarded as exercising treaty rights by being "self sufficient person" because of your husband income. This in turn would have allowed your husband to make a successful eea4 application.

It works in a strange way. So for your husband to get PR on eea4, you the eu citizen must have exercised treaty right for 5 years in a stretch. Its a ping pong, but if your non eu husband works, then you are treated as exercising treaty rights by being self sufficient, and because you are regarded as treaty right, he get PR after 5 years. So there is a ping pong of rights. So in a nutshell, if you work 5 years in a stretch your husband gets PR, and if you do not work but your husband works then you still get PR but you must have comprehensive health insurance.

Having comprehensive insurance is a hard and fast and an unwaivable requirement. You can now get comprehensive health insurance, but your and your husbands residence will only start to count from the date you buy insurance. And after a period of 5 years you and him will gain PR under eea regulations

regards



lifeintheuktest
11 years ago
I am sorry,I am still confused. If I buy insurance or start working now, my husband's aplication for ILR next year will be still refused. So what he should apply then, is there any other way he can apply, because he is living here in UK 10 years?
I am not even a jobseeker. 
Thank you 
mrlookforward
11 years ago

With due respect may I say that can you please stop mentioning “ILR”. Your husband will never apply for ILR. He has nothing to do with ILR. ILR is issued under UK immigration rules. You and him are under eu regulations, and you have nothing whatsoever to do with ILR. Under eu regulations its PR that is applied on form EEA4.


Now I suggest you read my previous post carefully and try to understand. I do not just want to repeat myself all over again.


Technically, you are not exercising treaty rights as a self sufficient person because you do not have comprehensive health insurance. Your and your husbands stay in UK upto now does not count for any immigration/eu regulations/nationality law.


Once you buy comprehensive insurance, your residence will start to count from that day. So basically your husband will only qualify 5 years after you have purchased comprehensive health insurance, and you will need to be covered by this insurance throughout these 5 years.


regards

lifeintheuktest
11 years ago
Hi,
I am very glad to find your website, I wish you could help me to solve my problem and advice me.
I am Eu citizen from Czech republic and my husband is Pakistani. We got married in Uk in 2006 while my husband was still on student visa here.
Later in 2008 I started to work and my husband got spouse visa in 2009. He has been continuously working in Uk up to now. We have 2 kids born in Uk and we are in receive of child, working and housing benefits.

Unfortunately I worked only 2 years and then I was at home with my small daughter. My husband's visa are going to end next year and I am trying to find a job as quickly as possible. My husband is here in Uk about 10 years (first on student visa and then on spouse).



We are worried that because I didn't work continuously all 5 years (only about 2 years) we might be in serious problems next year. Can you please kindly advice me what we should do and apply for? And is receiving of housing benefits going to be a problem when applying next year?

KInd regards,
thank you for your effort.

Imane