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Scared I've made a mistake

24

Comments

  • teamshepherd
    teamshepherd Posts: 187 Forumite
    Haven't heard of any job clubs as such around here, I follow some fb groups where people post jobs they see around but that is not any kind of club that would help you. I'm with some job agencies and then trawl all the usual online job searching sources as well as called businesses around me asking if they are hiring but I get told either no or go through their website and then never hear back.

    I will try and do some research into job clubs wasn't really aware they existed at all.
  • teamshepherd
    teamshepherd Posts: 187 Forumite
    Just an update for everyone that helped me out.
    I went in a little bit ago to my interview. Filled out the forms, got the booklet and the next weeks appointment. So I assume I am all good.
    Thanks again for calming my mind and offering a helping hand. I love this forum!
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 12 May 2015 at 2:20PM
    Only EEA citizens in work earning at least 24 x the national minimum wage, can use the NHS for free. Being in receipt of JSA seems to give free NHS too (?) but that time on JSA is limited now. You can use your own countries EHIC to pay the NHS but check on your countries site to see what they will pay for. Or buy insurance. The NHS have never checked eligibilty before, but under new laws, the NHS were issued with new instuctions to start checking from April 2015 and they will be fined if they don't do this.

    If you look on NHS England's website it gives a rough idea of what an EHIC will pay for and what the NHS will give for free.
    The free stuff reads something like:
    Hospitals. Only treatment on an A&E ward (but not on any other wards or any aftercare);
    GP surgery. A consultation with a GP or nurse (but not any treatment for free nor medication at NHS rates);
    Birth control (but not abortions)
    TB treatment;
    Mental health treatment ordered by a court.

    EDIT. Found the NHS England link
    http://www.nhs.uk/NHSEngland/AboutNHSservices/uk-visitors/Pages/visitors-from-the-eu-eea.aspx
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • teamshepherd
    teamshepherd Posts: 187 Forumite
    Only those earning 24 times the national min. wage? Am I reading this right?
  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Think that means 24hrs at nmw. The work needs to sustain the person without needing to rely on the state. Less than nmw or less hrs means claiming more benefits alongside so it is trivial therefore they are not classed as a worker.
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 15 May 2015 at 2:46PM
    So I assume I am all good.
    Thanks again for calming my mind and offering a helping hand. I love this forum!

    You might want to read this too about having to continue to be exercising treaty rights as a qualified person in order to retain the right to reside in the UK.
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/424570/Chapter_50_EEA__v7_EXT_20150428.pdf
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 15 May 2015 at 5:19PM
    I have been self sufficient so far being here, which is why I was wondering if I just canceled that out by applying in case I don't get a job within the mentioned 3 months.

    It doesn't appear that you have been self sufficent. To be a Self Sufficient qualified person exercising treaty rights and therefore retain a right to reside in the UK, you need to prove you have held a Comprehensive Sickness Insurance policy for the whole time, to pay for your healthcare. That CSI must also covers any exisiting conditions. The UK doesn't pay for healthcare for Self Sufficient persons and their family members.

    As you have said you have been using the NHS for free, I assume you haven't bought a CSI? Or have but haven't been using it to pay the NHS?



    From the CAB site. The UKVI site will also state this.

    Are you self-sufficient?


    If you're self-sufficient, it means you have enough funds to support yourself, and any other family members, without having to rely on means-tested benefits or other services that come from public funds, such as NHS treatment.

    You will also have to prove that you have comprehensive sickness insurance that will pay for your healthcare if you fall ill.

    Comprehensive sickness insurance

    Private health insurance should be accepted as proof of comprehensive sickness insurance

    If you have private health insurance and you get ill in the UK, your insurance company should pay for you to have treatment. You must make sure that your health insurance policy covers you for most of the treatment you would be likely to receive in the UK if you got ill. If your policy has lots of exclusions or exemptions that may not pay out for treatment, it may not be considered comprehensive.

    You may also have comprehensive sickness insurance if your home state will pay back the NHS for any health costs you incur in the UK. You may need advice about whether this will happen.

    https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-other-ways-to-get-rights/you-are-self-sufficient-the-habitual-residence-test/



    As you are married to a UK citizen, why didn't you get them to sponsor you on a spouse visa? Spouse visa holders don't have to work or buy health insurance to retain their right to reside in the UK. Spouse visa holders can use the NHS for free.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • dawn_rose
    dawn_rose Posts: 525 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hiya have you signed on with any agencies for work, often a good way to get back into work.
    Jan 2015 GC £267/£260
    Feb 2015 GC /£260
  • teamshepherd
    teamshepherd Posts: 187 Forumite
    It doesn't appear that you have been self sufficent. To be a Self Sufficient qualified person exercising treaty rights and therefore retain a right to reside in the UK, you need to prove you have held a Comprehensive Sickness Insurance policy for the whole time, to pay for your healthcare. That CSI must also covers any exisiting conditions. The UK doesn't pay for healthcare for Self Sufficient persons and their family members.

    As you have said you have been using the NHS for free, I assume you haven't bought a CSI? Or have but haven't been using it to pay the NHS?



    From the CAB site. The UKVI site will also state this.

    Are you self-sufficient?


    If you're self-sufficient, it means you have enough funds to support yourself, and any other family members, without having to rely on means-tested benefits or other services that come from public funds, such as NHS treatment.

    You will also have to prove that you have comprehensive sickness insurance that will pay for your healthcare if you fall ill.

    Comprehensive sickness insurance

    Private health insurance should be accepted as proof of comprehensive sickness insurance

    If you have private health insurance and you get ill in the UK, your insurance company should pay for you to have treatment. You must make sure that your health insurance policy covers you for most of the treatment you would be likely to receive in the UK if you got ill. If your policy has lots of exclusions or exemptions that may not pay out for treatment, it may not be considered comprehensive.

    You may also have comprehensive sickness insurance if your home state will pay back the NHS for any health costs you incur in the UK. You may need advice about whether this will happen.

    https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-other-ways-to-get-rights/you-are-self-sufficient-the-habitual-residence-test/



    As you are married to a UK citizen, why didn't you get them to sponsor you on a spouse visa? Spouse visa holders don't have to work or buy health insurance to retain their right to reside in the UK. Spouse visa holders can use the NHS for free.


    Right, I am exempt from the Habitual Residence Test, as well as the work authorization. I have EHIC.

    Here is what I found about being self-sufficient:
    "Self-sufficiency requirement
    22. Self-sufficient means having sufficient resources so as not to become an unreasonable
    burden on the social assistance system of the UK.

    23. “Social assistance” means income-related benefits, i.e.:
    a. income support,
    b. income-based jobseeker’s allowance,
    c. employment support allowance (income-related),
    d. housing benefit,
    e. council tax benefit, or
    f. state pension credit
    24. Being in receipt of these benefits may affect a person’s right of residence because the
    person cannot generally be said to be self-sufficient. However, EEA nationals with a right to
    reside are able to claim other benefits such as child benefit. Also, EEA nationals exercising
    treaty rights as workers, self-employed, job seekers and workers who are involuntarily
    unemployed or inactive due to illness or injury are able to claim certain income-related benefits
    without their right of residence being affected.
    25. Whether an EEA national is an unreasonable burden on the State must be assessed on
    an individual basis. This is a matter for the Home Office.
    26. NHS treatment is not classed as social assistance/public fund.
    27. A person can be self-sufficient if being supported by the funds of family or friends.
    28. A person exercising a Treaty right as an economically inactive person (for example,
    a student, a state pensioner or a person under state pension age who is not employed,
    self-employed or seeking work) must generally be self-sufficient and must also have
    “comprehensive sickness insurance” (CSI) for their residence to be lawful.
    29. A person would be considered as having CSI if:
    a. he or she has a comprehensive private health insurance policy, or
    b. he or she is validly entitled, in accordance with Regulation 883/2004 EC on the
    coordination of social security systems, to access NHS healthcare (as in such cases
    the UK is able to be reimbursed for the cost of that care by the home Member State).
    30. A valid EHIC satisfies the CSI requirement under b), above. Students who are insured
    in their home Member State and who intend to return home after their studies in the UK will
    usually have a valid EHIC, even if they intend to be here for several years. The registration in
    the UK of an S1/E106 for an EEA/Swiss pensioner who moves their residence to the UK also
    satisfies the CSI requirement under b), above."
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/346908/Appendix_6.pdf

    So I think that I HAVE been quite self sufficient, until now, as far as they are concerned.

    And now I am a job seeker, which is a Treaty Right that I am entitled to claim as a Croatian citizen as I am exempt from the Worker Authorization.

    "Those exempt from workers authorisation
    11. Full details of the exceptions can be found within annex A. Those who already
    have a permanent right of residence in the UK continue to have access to the labour market and benefits. "
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/225793/a16-2013.pdf

    Also, for asking why not do the spousal visa. What on earth are you on about? If my husband earned enough to sponsor a spousal visa do you think I would be trying to get on JSA? You need to (or did a year ago or so) earn AT LEAST 18,600 in order to sponsor someone on a spousal visa, and that is just one of the requirements.
    And also why in the world spend all that money on a visa (it does cost, a lot... I know we have been down this path) when I can come in as an European citizen? o.O
    We have come together under unconventional circumstances and have been struggling through 3 countries over the past decade to stay together. This made hard mainly because of documents, visas and other government regulations. Our lives and our professional advancement has been stalled in this battle, constantly being pushed back, starting over, moving, and so much more.
    Croatia coming into the EU has been such a needed break for us.

    I just find it a little bit silly that I haven't tried to cheat anything and have gone through all the proper channels who have ended up letting me use NHS and sign on to JSA yet I am breaking all these rules? And these are the people that are constantly trying to swindle people out of money? Shouldn't I then, if i am not entitled, be the first one to be denied? Especially if I am being honest with them and with my documents?
  • teamshepherd
    teamshepherd Posts: 187 Forumite
    dawn_rose wrote: »
    Hiya have you signed on with any agencies for work, often a good way to get back into work.

    Yes I have, but they haven't found me anything yet though :( Around here they mostly post fake jobs, one even went so far as to admit it to me (that they are just collecting CVs) o.O and there is often same jobs being reposted weekly.
    Thank you for the suggestion though! I just have to keep on going and applying :)
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