EEA Family Permit - EU Not Working

Old Mar 20th 2015, 4:44 pm
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Default Re: EEA Family Permit - EU Not Working

The EU national in this thread will NOT be working, is not self employed and her self sufficiency depends on her husband having a job in the UK.
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Old Mar 20th 2015, 5:30 pm
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Default Re: EEA Family Permit - EU Not Working

Originally Posted by SanDiegogirl View Post
The EU national in this thread will NOT be working, is not self employed and her self sufficiency depends on her husband having a job in the UK.

agree & that I believe is what the very first post on another thread stated, that the OP has a job offer in the UK

http://britishexpats.com/forum/citiz...permit-853751/

And the fact that the OP partner is Dutch, as such is an EU citizen, they can exercise the 'freedom of movement' to the UK

Has the OP mentioned what nationality they are & where they are living presently?
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Old Mar 20th 2015, 7:42 pm
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Default Re: EEA Family Permit - EU Not Working

Originally Posted by SanDiegogirl View Post
The EU national in this thread will NOT be working, is not self employed and her self sufficiency depends on her husband having a job in the UK.
It depends on the EU citizen arriving with enough funds to show she is self sufficient. If she doesn't have savings then she isn't self sufficient and therefore her non-EU dependant had no right to work in the UK - because their EEA citizen was not a qualified person and they and their dependants had no right to reside in the UK. It was tested in the courts and there were threads about this on immigrationbaords.com in the past, as people were getting PR refused. As I recall, one of the posters there even wrote to UKVI and posted their response. In the past, the UK was more lax on this rule for PR in the UK, but not anymore it seems.

Spain has changed rules for Self Sufficients too and now actually asks for these proof of funds for EEA citizens wanting to live in Spain as a Self Sufficient. Whereas the UK seems to refuse their PR applications when they apply after 5 plus years.

Last edited by formula; Mar 20th 2015 at 7:59 pm.
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Old Mar 20th 2015, 8:02 pm
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Default Re: EEA Family Permit - EU Not Working

Originally Posted by formula View Post
It depends on her arriving with enough funds to show she is self sufficient. If she doesn't have savings then she isn't self sufficient and therefore her non-EU dependant has no right to work in the UK. It was tested in the courts and there were are threads about this on immigrationbaords.com in the past, as people were getting PR refused. In the past, the UK was more lax on this rules, but not anymore it seems.

Spain now actually asks for these proof of funds for EEA citizens wanting to live in Spain as a Self Sufficient.

It might show up sooner now as the UK started Real Time system with HMRC in 2013. They can now see if the EU is in work in the UK; paid their taxes ect.
Your response supports my question in this whole thread as to what qualifies for self sufficiency?

If the EU national is not able to show self sufficiency in their own right when entering the UK, then I fail to see how the non EU national's job in the UK provides the qualification.

To me I just don't see the logic in this i.e the EU national must be a qualified person such as, in this case, self sufficient in order for them and their family members to enter the UK, but it's the non EU national's job which is the income on which they will survive. ....... and the non EU national can only work in the UK if his EU partner is the qualifying person allowed to live and work in the UK.

Therefore, to my way of thinking, the OP is not allowed to work in the UK because his non working/non job seeking/non self sufficient spouse is not a qualified person.

I'm very interested to see the outcome of this application.

If the application is allowed then non EU persons could obtain jobs, have non qualifying partners/spouses and be allowed to enter the country and work without work visas.

Last edited by SanDiegogirl; Mar 20th 2015 at 8:39 pm.
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Old Mar 20th 2015, 8:28 pm
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Default Re: EEA Family Permit - EU Not Working

Sorry SanDiegogirl, I think I misunderstood your posts.

Originally Posted by SanDiegogirl View Post

If the EU national is not able to show self sufficiency in their own right when entering the UK, then I fail to see how the EU national's job in the UK provides the qualification.
It doesn't. At present if they have savings, then they can use the non-EU citizens salary after that, but I would expect that to change (and change retrospectively) as all these EEA free movement loopholes get closed.


Originally Posted by SanDiegogirl View Post
Therefore, to my way of thinking, the OP is not allowed to work in the UK because his non working/non job seeking/non self sufficient spouse is not a qualified person.

I'm very interested to see the outcome of this application.
I don't know how lax the UK still is on the applications, but there were a lot of unhappy people who thought they were going to get UK citizenship after 6 years, only to find they were refused PR as their EEA national was never a Qualified Person.
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Old Mar 20th 2015, 8:55 pm
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Default Re: EEA Family Permit - EU Not Working

Originally Posted by formula View Post
Sorry SanDiegogirl, I think I misunderstood your posts.



It doesn't. At present if they have savings, then they can use the non-EU citizens salary after that, but I would expect that to change (and change retrospectively) as all these EEA free movement loopholes get closed.




I don't know how lax the UK still is on the applications, but there were a lot of unhappy people who thought they were going to get UK citizenship after 6 years, only to find they were refused PR as their EEA national was never a Qualified Person.

Sorry I made a mistake in my earlier post.

It should have read :

If the EU national is not able to show self sufficiency in their own right when entering the UK, then I fail to see how the NON EU national's job in the UK provides the qualification.

At what point does the EU national have to be a qualified person and thereby permitting their non EU partner to be eligible for work?

At the point of entry to the UK, at the point they apply for a residence permit?

In this particular case the non EU national has the job to go to and is basing his spouse's self sufficiency on this job.

So from your last post, if the EU national does not have funds to prove self sufficiency in her own right, this will not allow her spouse to take the job in the UK without a work visa?
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Old Mar 21st 2015, 12:50 am
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Default Re: EEA Family Permit - EU Not Working

After the probation period (6 months) job will starting paying Health insurance. And FP finish at 6 months. So, when I apply for the Residence Card, and put wife EU as self-sufficient, I would not have problem. And about she being Self-Sufficient with my salary, it is hard to tell the opposite, because she is Self-Sufficient (would not need Health insurance or any other benefit from the Government).

As for the Qualified Person, the ECO cannot refuse someone on the basis that their EEA national family member will not be a qualified person in the UK on arrival.

But if we need any benefit, we cannot scape from that she would have to be working, right?

Last edited by caevv; Mar 21st 2015 at 12:54 am.
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