EEA student worker & family member

[Tambora]

Hello there,

I think I am in a similar situation as the author of this post.

I am in the process of applying for BC (since before the changes a the end of 2015) and I have problems.

My husband and I we are both EEA nationals.
Between 2008 and 2011 my husband was working and fully exercising Treaty Rights with WRS etc. and supporting me.
I was doing my PHD (Problem with Health Insurance).
Since then we are both working.

Can I claim that I exercised Treaty Rights as a dependant family member? I am a qualified person? Could you please help me?

Can I phrase it like this?

"I believe that I have the right to reside in the UK as a spouse of EEA national who is exercising rights as a “qualified person” – worker since "date" 2008."

Thank you very much for your help.

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

To apply for citizenship you will need PR cards confirming you both have PR first.

One EEA spouse can be the dependent of the other EEA spouse (sponsor).

The dependent is not a qualified person (exercising treaty rights) - the sponsor is.

Apply on joint PR form - one spouse as main applicant and the dependent spouse entered as family member.

[Tambora]

Thank you for moving my post.

I applied for BC is September 2015 so before the changes were introduced. Does it chamge anything?

[noajthan]

Thank you for moving my post.

I applied for BC is September 2015 so before the changes were introduced. Does it chamge anything?

If you applied back in September then you did not have to submit a PR card at that time.
Bit puzzled why you're asking now if application is already filed.

[Tambora]

I am asking as it was refused and they did not take into consideration the fact that my husband was exercising treaty rights, I was his dependant. Can it be concluded that I exercised the treaty rights?

[noajthan]

I am asking as it was refused and they did not take into consideration the fact that my husband was exercising treaty rights, I was his dependant. Can it be concluded that I exercised the treaty rights?

If a student without CSI (and without foreign-EHIC / student RC dating from in/before 2011) - then no you were not exercising treaty rights as a qualified person.

You could only have kept your PR clock running at that time if you can be classed as a dependent of an EEA sponsor who was a qualified person at the time.

If a worker, since 2012 then yes, you can be a qualified person on that basis since then.

[Tambora]

Thank you very much for your respond.