From NYC to LDN

Thanks for the link Sirius, very helpful!
I haven't worked in the UK, I got here a week ago

My only concern now is if I can use my EHIC for health coverage or if I need private insurance... 
Can I ask you how are you so knowledgeable about the issue? Are you EU too?

Perhaps Sirius would like to speak to Jobseeker status (page 9 of her attachment)....it would relate to the ruling stated above.....as jobseekers are clearly mentioned.

 

Thanks for the link Sirius, very helpful!
I haven't worked in the UK, I got here a week ago

That's what I thought from all the things you said in your opening post.

My only concern now is if I can use my EHIC for health coverage or if I need private insurance... 

As you are in your first 3 months then I don't see why you can't use your Italian EHIC?

If it were me, I would make myself a qualifed person in the UK asap so that I had a right to reside. Even more so now that Brexit is looming, to give myself the best chance.

From that document, can you be a self sufficient qualified person? You would also need a CSI to be a self sufficient qualified person. Although the UK allow a student qualfied person to use their EHIC (not a UK EHIC) as a CSI, it's a grey area for self sufficients. You might want to ask about your EHIC on this EEA board
http://www.immigrationboards.com/eea-route-applications/

It's also worth reading that forum to see how others have got it so wrong, to make sure you don't make those mistakes yourself. It's a very busy forum now.



The UK is still very generous with the NHS. Many other EEA countries bill if the EEA national is not a worker, but you can read what the UK will give here. Scroll down a bit for EEA citizens.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/507694/Overseas_chargeable_patients_2016.pdf



 

Can I ask you how are you so knowledgeable about the issue?

Reading document like the ones I have linked here. Hanging around with people who know a lot. Common sense As I travel to other EEA countries, I like to keep up to date with EU laws. Although that will all have been a waste of time soon.

Are you EU too?

I am an EEA citizen (at the moment). As I can't be an EEA citizen in my own member state (UK)  then I am not an EEA citizen in the UK. I'm a British citizen.

As you are in your first 3 months then I don't see why you can't use your Italian EHIC?

Don't know, I assumed I could use it but you can never be too sure...

If it were me, I would make myself a qualifed person in the UK asap so that I had a right to reside. Even more so now that Brexit is looming, to give myself the best chance.

From that document, can you be a self sufficient qualified person? You would also need a CSI to be a self sufficient qualified person. Although the UK allow a student qualfied person to use their EHIC (not a UK EHIC) as a CSI, it's a grey area for self sufficients. You might want to ask about your EHIC on this EEA board
http://www.immigrationboards.com/eea-route-applications/
 

I can definitely apply as a self sufficient, but also as a "spouse of a student" (according to www.gov.uk) so I have to see what's the best option, also health care-accessibility wise... Gonna dive in that website right now! 
Thanks!

There is a reason for the Court's decision I mentioned earlier....we as a society have decided that, as they put it the "constraints of the late stages of pregnancy and the aftermath of childbirth" should not be used to punish women. For too long this was the situation....in fact employers were once allowed to discriminate against females because even the possibility of pregnancy existed.

In this case....the Secretary of State for Work and Pensions sought to limit this woman's rights to fair treatment because she was pregnant....something that we have decided is wrong. We don't lock women away because the are menstruating anymore....nor do we deny them the status of "worker"...or "jobseeker"....because they are pregnant. Pregnancy is a temporary pause if you will.

In a nutshell, this decision says that this concept is of greater value than Work and Pensions' desire to cut down on their benefits bill. The need for fair treatment, this very basic foundation of justice, outweighs the executive desires of  Work and Pensions.

I am assuming that at some point in the future Verdiana will at least entertain the idea of returning to paid employment (she doesn't have to decide now....and can even change her mind later).

Is she not in reality then a worker/jobseeker, taking a hiatus due to pregnancy? Something that is specifically allowed, as stated in the mentioned Court Case (actually the whole point of the Case)?

If we acknowledge this, and we must, it is part of case law now.....then isn't it really just a case of showing proof.....as stated plainly for example on page 9 of Sirius attachment....to the Home Office that she is indeed a worker/jobseeker?

/I don't see the relevance of Sirius' German case....it has nothing to do with pregnancy, but with existing children.

Don't know, I assumed I could use it but you can never be too sure...
I can definitely apply as a self sufficient, but also as a "spouse of a student" (according to www.gov.uk) so I have to see what's the best option, also health care-accessibility wise... Gonna dive in that website right now! 
Thanks!

That's a UK visa - under UK immigration laws. To bring his dependants, your husband would have to be studying on a course that was level 7 etc. Have a read.
https://www.gov.uk/tier-4-general-visa/family-members

Why would you want to do that when you can be a self sufficient qualified person? A UK student visa does not lead to settlement in the UK, so it's not like you are gaining anything IF under Brexit, you have to swap to that.


UK immigration is about visas with an end date. EEA free movement is about permits and being a "qualified person" at all times to have a "right to reside". If an EEA citizen ceasess to be a qualified person in another EEA country, then we lose the right to reside and any permits become invalid.

If you decide to work at a later stage, you can just switch to a worker qualifed person. As long as you are a qualifed person at alll times, it doesn't matter which one you are.  i.e. EEA workers must meet the MET to be classed as a worker. Being a worker qualified person would then allow you to claim Child Benefits for your child if you earn less than about 50k/60k.

Is she not in reality then a worker/jobseeker, taking a hiatus due to pregnancy?

Technically I am, but the last country I worked in and payed taxes is the US. I have never worked in the UK. So I don't think I can qualify as a worker on hiatus.

That's a UK visa - under UK immigration laws. To bring his dependants, your husband would have to be studying on a course that was level 7 etc. Have a read.
https://www.gov.uk/tier-4-general-visa/family-members

Why would you want to do that when you can be a self sufficient qualified person? A UK student visa does not lead to settlement in the UK, so it's not like you are gaining anything IF under Brexit, you have to swap to that.

He is in level 7, that's why I thought of the option. I am planning on looking for a job as soon as I can but being this my first pregnancy, I have no idea how long it will take me to be physically (and emotionally!) ready to go back to my sweaty-heavy lifting-12hours standing-yelling at people- job  (not sure i mentioned this before, I'm a pastry chef)
AND I think I also forgot to mention another essential detail: we are planning on spending at least one year in the UK but after that we are open to anything. We don't know if we want to stay here  longer, it depends on how the country treats us  We're used to travel between countries and continents... Of course with a baby we'll probably try and stay put for a while 

Anyway, looks like applying as a self sufficient person might be the best option.

Thanks everybody for your help!

Technically I am, but the last country I worked in and payed taxes is the US. I have never worked in the UK. So I don't think I can qualify as a worker on hiatus.

That's correct. The link to that government document I gave makes it very clear who retains worker status, although it is obvious that the word "retain" means you have to be have been a worker in the first place

A jobseeker can't retain worker status if they have never been a worker. They are a jobseeker qualifed person. A jobseeker qualifed person can now only have 6 months in the UK as a jobseeker and no UK benefits now. The UK redifined what an EEA jobseeker in the UK is from January 2014 and the welfare reforms have now stopped them claiming any UK benefits. The this was applied retrospectively for those who arrived before January 2014 and still hadn't worked.

A worker qualifed person who loses their job and become a jobseeker qualified person, could retain worker status. Meaning they can claim UK benefits even though they are a jobbseeker, but they still only get 6 months maximum as a jobseeker qualified person.

A worker can retain worker status if they have a baby and take time off afterwards. That starts 11 weeks before their due date. If they were a jobseeker prior to their 11 weeks and had retained worker status, then they retain worker status for having a baby and time off afterwards.

It's all in that document I linked so that you can check all of this yourself.

Anyway, looks like applying as a self sufficient person might be the best option.

That's what I would do if I was in your postion, and the sooner the better if you read that NHS link I gave for EEA nationals. It doesn't matter what sort of qualifed person you are, just so long as you are one at all times. i.e. you could be a self sufficient qualfied person as long as you like after the birth as there is no time limit on that.

If you meet all the requirements of a self sufficient qualifed person and keep to them, then you have a Right to Reside. Read that link I gave you to confirm what you must and must not do.

If you go and ask on that EEA site about using your EHIC as your CSI, or whether it would be better to buy a CSI as your proof, noajhon will know.
http://www.immigrationboards.com/eea-route-applications/

Thanks everybody for your help!

You're welcome. Enjoy London.

   (not sure i mentioned this before, I'm a pastry chef)

We don't know if we want to stay here  longer, it depends on how the country treats us 

If your stay depends on the quality of baked goods here, you'll be running back to Italy in two weeks.  Maybe less if you eat Victoria Sponge.

Perhaps your husband could take care of the baby and you could go back to work?  We really need pastry chefs!

and the welfare reforms have now stopped them claiming any UK benefits.

I have never understood Sirius' fascination with benefits, to the point that they pop up in discussions totally unrelated. 

If she is choosing to look at this post....and I bet she is, I would suggest that, as has been shown many many times, immigrants do not care nearly as much about benefits as she seems to.

A jobseeker qualifed person can now only have 6 months in the UK as a jobseeker and no UK benefits now. The UK redifined what an EEA jobseeker in the UK is from January 2014 and the welfare reforms have now stopped them claiming any UK benefits. The this was applied retrospectively for those who arrived before January 2014 and still hadn't worked.

Again the continual references to benefits are confusing to me.

But regarding "A jobseeker qualifed person can now only have 6 months in the UK as a jobseeker".....it seems she is disregarding the Court's ruling in my attached link....that pregnant women are allowed over a year without losing that status. Does she know of some subsequent ruling contradicting this?

To be blunt, and I don't like to do this because I don't like to even look like I am coaching someone....which I am not....hypothetically speaking, what if someone like Verdiana honestly applied for positions, to which she may or may not get called in for an interview, and then as per the Court Ruling, took her completely allowed year off to have a child and recuperate?

A worker can retain worker status if they have a baby and take time off afterwards. That starts 11 weeks before their due date. If they were a jobseeker prior to their 11 weeks and had retained worker status, then they retain worker status for having a baby and time off afterwards.

It's all in that document I linked so that you can check all of this yourself.

Also, I don't see any mention in Sirius' attached document regarding the proceeding paragraph.

Here is a good analysis with linking case law:

https://www.freemovement.org.uk/eu-citizens-retain-worker-status-for-a-year-when-off-work-for-maternity-related-reasons/

"In both cases the Upper Tribunal has held that women can leave work up to 11 weeks before their due date, they can be a job seeker or worker at the start of the period of absence"

/my empasis

Perhaps your husband could take care of the baby and you could go back to work?  We really need pastry chefs!

We'll talk about it