How to know if I excercise treaty rights

[afezoj]

Hi.

I am from Poland. I have lived in UK since 2002. I was self-employed until 2010, paying taxes and not claiming any benefits. I stopped working to bring up my child in 2010 and claiming some benefits. In May 2014 I become self-employed and worked until August 2015 and had to stop as I was expecting second child. Until July 2016 I was receiving Maternity allowance and claiming benefits as I was single mother. Now I am looking to go back to work.

My Question is: Am I exercising treaty rights? I want to apply for EEA Family Permit for my husband from Egypt(father of my second child) so he can come and live with me in England.

I appreciate any answer.

[noajthan]

Hi.

I am from Poland. I have lived in UK since 2002. I was self-employed until 2010, paying taxes and not claiming any benefits. I stopped working to bring up my child in 2010 and claiming some benefits. In May 2014 I become self-employed and worked until August 2015 and had to stop as I was expecting second child. Until July 2016 I was receiving Maternity allowance and claiming benefits as I was single mother. Now I am looking to go back to work.

My Question is: Am I exercising treaty rights? I want to apply for EEA Family Permit for my husband from Egypt(father of my second child) so he can come and live with me in England.

I appreciate any answer.

You are likely to be a settled person by now, having achieved the holy grail of PR perhaps as early as 2007.
That is by exercise of treaty rights as a self-employed qualified person from say, 2002-2007 (or any other 5 years qualifying period).

If you do have PR you no longer have to exercise treaty rights.
That is assuming you have not enjoyed any prolonged absences from UK after acquiring PR (which would have the effect of terminating your PR status).

As you were working before 2004 you should have been exempt from WRS.

If you do not already have your DCPR then suggest you get that in the bag.
And yes you should be able to sponsor your hubby for a FP.

[afezoj]

Thank you noajthan for your reply. I have been absent from UK for holidays only. Unfortunately never applied for residency card. What documents I must supply with the application to confirm my status? I understand that my husband will not be refused visa on the bases that I do not work at the moment and claim benefits?

[noajthan]

Thank you noajthan for your reply. I have been absent from UK for holidays only. Unfortunately never applied for residency card. What documents I must supply with the application to confirm my status? I understand that my husband will not be refused visa on the bases that I do not work at the moment and claim benefits?

Correct.

You would have to supply all documents as if applying for DCPR.
Suggest review PR guidance as well as FP guidance.
Amongst other things, you will need to show your work was genuine and effective.

Or apply for DCPR first but that may take 6 months to process; perhaps too long to wait.
But the point is (whether Jon Snow knows it or not) Brexit is coming. If your future is in UK it would be prudent to secure it.

[Nimitta]

As you were working before 2004 you should have been exempt from WRS.

Self-employed are exempt from WRS anyway, aren't they?