EEA4 Application Query

[Zhonor]

Greetings all,

I have a few queries below and hope that someone will be able to help answer them.

This is roughly my timeline:-

Married: Feb 2011
EEA2 application - April 2011
EEA2 residency card expires - July 2016

Base on above information, technically I should be able to apply for EEA4 in Feb 2016 but my husband was a student in 2011 and I only got the CSI coverage from April 2011 when I started applying for EEA2 application. His residency will be based on the following:-

April 2011 - Sept 2011 - student (with CSI coverage for both me and him) - self sufficiency
Sept 2011 - May 2013 - working (no CSI for him, only CSI for myself) - worker
May 2013 - date of EEA4 PR - looking after children/studying part time (CSI coverage for both me and him) - self sufficiency

My questions as follows:-
(1) Can I apply EEA4 from Feb 2016 or must it be from April 2016 as my CSI cover only started from April 2011?

(2) Can I apply for naturalisation in Feb 2017 or from date of EEA4 PR stamp?

(3) We have 2 children who are both EEA citizens but I will not be including them in my application so I assume my 2 toddlers will not require CSI?

(4) Is there a limit of how much we should have in our savings account to qualify under self sufficiency although I (non EEA) have been working for the past 5 years with decent pay but claimed maternity pay for 7 months (1st baby) and 9 months (2nd baby)? I know maternity pay is not part of the public fund benefits so it should not affect my application? Am I correct?

(5) Just out of curiosity; can I apply British passport for them once I receive my EEA4 PR?

Many thanks.

Best regards,

Zhonor

[Zhonor]

I am a bit confused now with the new EEA4 form, it wants me to list down the children we have even though I am not applying for EEA PR for them thus have not bought any CSI for my 2 kids. Will that cause a problem when I start applying for my EEA4 PR?

Can someone kindly enlightened me?

[Directive/2004/38/EC]

Who is the EU citizen? Do you presently have a RC?

[Zhonor]

My husband is the EU citizen and I am non EU citizen with 5 year RC expiring June 2016.

Children born in 2014 and 2015 (both holding EU passport).

Best regards,
Zhonor

[noajthan]

...

My questions as follows:-
(1) Can I apply EEA4 from Feb 2016 or must it be from April 2016 as my CSI cover only started from April 2011?

(2) Can I apply for naturalisation in Feb 2017 or from date of EEA4 PR stamp?

(3) We have 2 children who are both EEA citizens but I will not be including them in my application so I assume my 2 toddlers will not require CSI?

(4) Is there a limit of how much we should have in our savings account to qualify under self sufficiency although I (non EEA) have been working for the past 5 years with decent pay but claimed maternity pay for 7 months (1st baby) and 9 months (2nd baby)? I know maternity pay is not part of the public fund benefits so it should not affect my application? Am I correct?

(5) Just out of curiosity; can I apply British passport for them once I receive my EEA4 PR?

Many thanks.

Best regards,

Zhonor

Assuming this aging question is still relevant (as you have posted again today), here goes ...

1) Only 2 months in it but if no CSI then treaty rights will only be deemed being exercised from date when CSI was in place.

Note transitional arrangement contingent on RC for a student, issued in 2011:
https://www.whatdotheyknow.com/request/ ... issued.pdf

2) On 5th anniversary of acquiring PR plus 12 months free from immigration time restrictions
- based on stated dates/timelines looks likely to be in Q1 2016 (assuming sponsor has been exercising treaty rights continuously for 5 years)

See BC forum FAQS on this matter too:
http://www.immigrationboards.com/britis ... 95747.html

3) If not exercising treaty rights minors are dependent family members;
as such they will need CSI cover if/when sponsor is exercising treaty rights either as a student or in self-sufficient category of qualified person

See link in 4 below.

4) About proving dependency, see https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

5) Where were children born?

If born in UK the answer is No, you cannot apply for British passports directly as children are not British (yet).

The children (born in UK) will have an entitlement to be registered under section 1(3) of BNA once 1 parent is settled (has PR).
See https://www.gov.uk/government/uploads/s ... ations.pdf

& see FAQs for children:
http://www.immigrationboards.com/britis ... 95747.html

(The children's passports can follow by separate application process).

[Zhonor]

Hi noajthan,

Yes this post is still valid. Thank you for your reply.

My only concern is the 2 children as we don't have CSI cover for them as EU citizen (hubby) is exercising treaty rights as self sufficient. We only have CSI cover for the two of us and none for them. Does it mean that since my children are born, my residency has been broken because there is no CSI to cover them?

I won't be applying EEA PR for them as they are both EU citizens and don't need PR to be in the UK.

Best regards,
Zhonor

[noajthan]

Hi noajthan,

Yes this post is still valid. Thank you for your reply.

My only concern is the 2 children as we don't have CSI cover for them as EU citizen (hubby) is exercising treaty rights as self sufficient. We only have CSI cover for the two of us and none for them. Does it mean that since my children are born, my residency has been broken because there is no CSI to cover them?

I won't be applying EEA PR for them as they are both EU citizens and don't need PR to be in the UK.

Best regards,
Zhonor

If HO considers the children to be dependent family members they will need CSI cover for same (recent) periods as you did; (periods when spouse/sponsor was student or self-sufficient).

There is an example in the guidance but only in terms of RC not PR:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 20 (French family, mother & son applying for RC)

So are they dependents or citizens in their own right?
Interesting question & I don't know the answer.