From NYC to LDN

Hello everyone!
I've been keeping an eye on this forum for a while and now that we have officially moved to the UK I've decided to join!
I am not American, i was born and raised in Italy, and my husband is only half ''yankee'' but since we got married in 2013 we've been living in New York so we can both relate to most of the issues discussed here. Now he is studying at UCL with a Tier 4 and I am... pregnant! Not the best timing to have our first child (hectic transatlantic move, can't do my job with this belly, Brexit etc...)but we are very happy! 
I will probably bother all of you with questions in the future... so thanks in advance

Welcome! And congrats on the pregnancy! I'm pregnant with my second (the first born in the US) and have found the care here to be pretty good. And you can't beat the price!

Welcome! I'm an American and my pregnant partner is Italian. If you have any specific Italo-American questions, feel free to drop me a line

Have you read anything about your partner being able to get Italian citizenship after 1.5 years if you're married with a child? I would like to know more about that 

Welcome! And congrats on the pregnancy! I'm pregnant with my second (the first born in the US) and have found the care here to be pretty good. And you can't beat the price!

Thank you! Congrats to you too!

Welcome! I'm an American and my pregnant partner is Italian. If you have any specific Italo-American questions, feel free to drop me a line

Have you read anything about your partner being able to get Italian citizenship after 1.5 years if you're married with a child? I would like to know more about that 

Oh hi! Are you based in Leeds? I actually have a couple of questions, if I understand how to write a private message I'll ask
I don't know about getting an Italian citizenship...sounds interesting though...

Now he is studying at UCL with a Tier 4 and I am... pregnant! Not the best timing to have our first child (hectic transatlantic move, can't do my job with this belly, Brexit etc...)but we are very happy! 

You mentioned Brexit: does that mean you are hoping to use EU treaty rights of free movement, to be allowed to reside in the UK?  If you are trying to use free movement to reside in the UK and are not working, how are you exercisng those treaty rights ?

As EU citizens, we can only visit another EEA country for 3 months using our own countries EHIC to pay for any emergency health treatment or use private insurance if it is not covered by the EHIC.  A birth will not be covered by your Italian EHIC unless you suddenly go into labour when on a visit.

To continue to stay after those 3 months, we must be a qualifed person. We can start to be a qualified person at any time during that 3 months.

Free movement is about being a "qualified person" at all times, to have a "right to reside" in another EEA country. Cease to be a qualifed person or never be one and overstay that 3 months, then we lose the right to be in that EEA country. They can deport us back to our own EEA country and ban us from theirs for 1 year.

Just living in another EEA country is not being a qualifed person.

If you are not a qualified person who has a "right to reside in the UK", then you are not allowed to use the NHS for free.

With Breixt and the end of EU law in the UK looming, it is more important than ever that EU citizens make sure they are a qualified person and not just living in the UK when they have no right to. If there is any offer by the UK to let some stay, the safer bet is to make sure that you were allowed to reside in the UK in the first place.

"Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retains the status of ‘worker’, within the meaning of that article, provided she returns to work or finds another job within a reasonable period* after the birth of her child."

http://curia.europa.eu/juris/document/document.jsf?text=&docid=153814&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=380119

*12 months or perhaps longer

I would likle to think that people would realise that you can't retain something if you never had it.

You can't retain the status of worker, if you never had it.

You unblocked me! Are we friends again?

You unblocked me! Are we friends again?

I was scared that you might be giving her wrong advice on EU laws as you often do.

In answeer to your quesion, no I haven't. The site lets me override that by clicking on a link for each of your posts.

Don't be ashamed to say you missed me. I missed you.

Verdiana, if you look back on the taxes forum on this site, there was someone in the same sort of position as you. He was the US citizen who arrived in the UK on a Tier 2 visa and his wife entered as a German citizen with their young baby and all their other children as the family memebrs of an EEA citizen.

He posted that they had applied for UK welfare payments for all their children and had got refused and was asking if it that was correct. Not sure why he posted about that on the Taxes forum, perhaps because one of the income based welfare payments they applied for had the word "tax" in it?

It was poiinted out that this was a correct refusal as his wife had not been a worker quailified person in the UK and also that his German wife (and therefore the children who had entered with their mother as family members of an EU citizen) had no right to reside in the UK as she wasn't being a "qualified person". She needed to become one quickly, to have a right to reside.

A few days later he posted that she had received a letter telling her (and therefore all her children) that she had no right to reside in the UK.

Sirius, look, we can get back to our personal squabble later....

But first, "can't do my job with this belly", to me, doesn't mean Verdiana has not worked, nor sought work, in the UK. Just that she is not working at the moment because of pregnancy.

I'm not sure where you are getting the bit about her not working, or seeking work here.

Too, I am not advising anything - that would be you - I only attached a link to Law...I will leave the interpretation to someone with qualifications in such matters.

Thanks everyone, I am aware of the problem of being qualified/unqualified and I'm working on it I was not expecting to just live here and get benefits
Any advice about it is very welcome anyway!

Thanks everyone, I am aware of the problem of being qualified/unqualified and I'm working on it I was not expecting to just live here and get benefits
Any advice about it is very welcome anyway!

You won't get benefits - unless you are a worker qualified person or have retaiined worker status and the UK has strict rules for what a worker is now. Everything changes al the time in the UK for EEA nationals.

It's more of you being alowed to use the NHS for free as you are pregnant, that I was thinking about. A birth can be costly if you have to pay. As the person I mentioned before realised, his wife and children did not have free access to the NHS as she didn't have a "right to reside" in the UK. He did, as he had a UK visa.

Have you worked in the UK?

You can have a read of this to see what the UK terms a qualifed person is, under present rules, so that you have a Right to Reside.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/488449/Qualified_Persons_v3.0_ext_clean.pdf