self sufficient eea2

[ebefo]

EEA2

Thanks for your helps so far, i got a csi cover with simplyhealth for both of us eea2 and my eea wife at £47 per month.

However i think my eea2 is about to suffer a set back i can only show £3,500 in my eea's savings account and £95 in my (non-eea) account, is the money enough to show she is self sufficient ?

please.

[Hubba]

Do you have a steady source of income (i.e. your income - not your EEA's)? If so, I'd advise you to get a joint account with your wife and have your wage paid into this account. This would satisfy the requisite of her having regular access to funds.

[ebefo]

Do you have a steady source of income (i.e. your income - not your EEA's)? If so, I'd advise you to get a joint account with your wife and have your wage paid into this account. This would satisfy the requisite of her having regular access to funds.

thanks for your quick response, yes i do transfer money into her account in excess of £400 (almost 8 times now) ,money i get from weekly gigs (i play piano for local bands in london).

[Obie]

Do you have leave to remain to independently of your wife, to undertake that work.

[ebefo]

Do you have leave to remain to independently of your wife, to undertake that work.

Thanks boss, i am on a tier4 student visa with no work right, but a friend said since the day i got married to a eea that i am allowed to work (been married since aug last year) and my student visa expires december this year.

[Universal soldier]

Do you have leave to remain to independently of your wife, to undertake that work.

OP's EU national partner has £3500 in savings & medical insurance means she is self sufficient and a qualified person which give the right of work to her non-eu national (op) even before has no right of work.

[Obie]

Well I know what I am saying.

Having a saving of 3,500 will only be sufficient couple of months self sufficiency. They have to show the source of the self sufficiency.

Well at present, UKBA is arguing about circularity argument, whereby an EEA nation cannot claim self sufficient from the resource of a non EEA national, who has no independent means of residence besides the right derived from the EEA national.

Who ever says the right originate immediately after marriage, without more, is wrong.

A non EEA national only has right to stay if their EEA national is a qualified person within the meaning of regulation 6.

If you engage in employment after marriage and seek to rely on income made from work, it will not be accepted.

[ebefo]

Well I know what I am saying.

Having a saving of 3,500 will only be sufficient couple of months self sufficiency. They have to show the source of the self sufficiency.

Well at present, UKBA is arguing about circularity argument, whereby an EEA nation cannot claim self sufficient from the resource of a non EEA national, who has no independent means of residence besides the right derived from the EEA national.

Who ever says the right originate immediately after marriage, without more, is wrong.

A non EEA national only has right to stay if their EEA national is a qualified person within the meaning of regulation 6.

If you engage in employment after marriage and seek to rely on income made from work, it will not be accepted.

Obei, now I'm really scared what's my chances?

[Universal soldier]

The case workers in newly undertaken organization UKVI from UKBA are not trained/educated with eu directive who now start imposing thresholds/limits for self sufficiency but the law prohibit that and only the personal circumstances should consider. But in op's case if treated fairly then the self sufficiency proves because eu national have savings which make her self sufficient means qualified and if then the non-eu national partner work and support eu national then the funds will be derived legally, and the source of funds for self sufficiency to eu national will be the legally derived funds of non-eu national. And its fully acceptable.

[ebefo]

The case workers in newly undertaken organization UKVI from UKBA are not trained/educated with eu directive who now start imposing thresholds/limits for self sufficiency but the law prohibit that and only the personal circumstances should consider. But in op's case if treated fairly then the self sufficiency proves because eu national have savings which make her self sufficient means qualified and if then the non-eu national partner work and support eu national then the funds will be derived legally, and the source of funds for self sufficiency to eu national will be the legally derived funds of non-eu national. And its fully acceptable.

Universal, you know I would have just applied for an extension of my tier4 student visa rather than risk deportation with this eea stuff but my wife and friends advised me to give it a shot

[Universal soldier]

For eea2 application previous immigration history or visa has no importance. In your situation after marriage if your wife has savings and medical insurance then you have right of work and if you transfer funds to her then it will be her source of self sufficiency. What caseworker not like is that if eu national only rely on your funds and you have no right of work then the funds will be illegal derived. But if before using your funds the eu national has her own funds and then if you work then those funds will be legally derived and self sufficiency criteria will be fulfilled. Remember many families can live with small budget/saving and the same illiterate caseworkers do not understand and start imposing funds limit which is unfair. Better than tier4 the eea rc is better because now you married with eu national and they cannot send you back unless public/health issues. All the best.

[ebefo]

For eea2 application previous immigration history or visa has no importance. In your situation after marriage if your wife has savings and medical insurance then you have right of work and if you transfer funds to her then it will be her source of self sufficiency. What caseworker not like is that if eu national only rely on your funds and you have no right of work then the funds will be illegal derived. But if before using your funds the eu national has her own funds and then if you work then those funds will be legally derived and self sufficiency criteria will be fulfilled. Remember many families can live with small budget/saving and the same illiterate caseworkers do not understand and start imposing funds limit which is unfair. Better than tier4 the eea rc is better because now you married with eu national and they cannot send you back unless public/health issues. All the best.

Thanks Uni

[Obie]

For eea2 application previous immigration history or visa has no importance. In your situation after marriage if your wife has savings and medical insurance then you have right of work and if you transfer funds to her then it will be her source of self sufficiency. What caseworker not like is that if eu national only rely on your funds and you have no right of work then the funds will be illegal derived. But if before using your funds the eu national has her own funds and then if you work then those funds will be legally derived and self sufficiency criteria will be fulfilled. Remember many families can live with small budget/saving and the same illiterate caseworkers do not understand and start imposing funds limit which is unfair. Better than tier4 the eea rc is better because now you married with eu national and they cannot send you back unless public/health issues. All the best.

It is not that straight forward. It might have been the case previously, but it is not quite the same any longer.

I really wish UKBA was interpreting it as you. It is a logical interpretation and deduction of the meaning of Self Sufficiency, unfortunately UKBA don't always take that view, there is inconsistency in the way they deal with this issue in fact.

I have a PR case I am dealing with. The person was issued a Residence card, and the wife was in employment and subsequently ceased work. UKBA refused PR on the basis that the wife cannot rely on the husbands lawful employment to establish self-sufficieny.

I know it can be fought, but at the moment some refusal are coming with this issue..

Even the Irish Court has referred a case to the CJEU on this issue, which show the matter is an issue of contention and is not clear.
SeeSingh

Universal Soldier, a year ago i would have given the same advise as you, but as someone working in this area, the issue is not straightforward any longer.

[Obie]

Thanks boss, i am on a tier4 student visa with no work right, but a friend said since the day i got married to a eea that i am allowed to work (been married since aug last year) and my student visa expires december this year.

I am sure they advised you in good faith. It is not the end of the world. Your wife could seek employment or study. There are variety of things she can do, which are much more straightforward.

You may succeed, but it is an issue which is not clear, and caseworker are making inconsistent decision.

The cases which are more straightforward is the scenerio I raised in my initial post.

[Universal soldier]

I would like to remind about a broader discussion and interpretation about self sufficiency in which ukba team given reply and one member too got success. I am exactly referring same contents from this thread:
http://www.immigrationboards.com/eea-ro ... 53000.html

[Obie]

I don't anything i said on this thread is inconsistent with the reply UKBA gave in that thread.

UKBA mentioned an independent right to employment. This means employment that is not dependent on the EEA national right of residence.

I don't support their views, but it is the view they take at present.

A savings of 3500 is not sufficient for an indefinite self -sufficiency. The person will need to show the source of their self Sufficiency.

[Universal soldier]

I believe that indefinite self sufficiency is not needed at the EEA2 RC stage rather the EU national must excersing its treaty rights at the time of EEA2 RC application like self sufficiency and the same is a meaning of EEA1 registration certificate too. In nutshell but a precaution that self sufficient families try their best to always keep some savings in EU national account if eu national not working/self employed.

[Hubba]

I don't anything i said on this thread is inconsistent with the reply UKBA gave in that thread.

UKBA mentioned an independent right to employment. This means employment that is not dependent on the EEA national right of residence.

I don't support their views, but it is the view they take at present.

A savings of 3500 is not sufficient for an indefinite self -sufficiency. The person will need to show the source of their self Sufficiency.

Hi Obie,

I believe that one could argue that, as long as the Non-EEA spouse started its employment whilst the EEA national was exercising Treaty Rights, its employment would be considered legal even if the EEA spouse continues to exercise Treaty Rights as self-sufficient.

The question of circularity doesn't really apply on this scenario. The initial fact is that the EEA national was exercising Treaty Rights (either during the initial period of residence - on which no prerequisites apply - or after such period). The Non-EEA spouse has started its employment legally, hence when the EEA spouse comes to rely on it the employment is still legal, since the EEA hasn't stopped exercising Treaty Rights (just switched the exercise method).

From the same thread mentioned earlier, where I've posted the comment below under a pseudonym (I was a tad paranoid at the time):

According to The Immigration (European Economic Area) Regulations 2006, items 13 (1) and 13 (2), the EEA National and the EEA National Family Member have the right to reside for the initial 3 months, as long as "they don't become a burden on the social assistance system of the United Kingdom".

Initial right of residence
13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.
(3) But—
(a) this regulation is subject to regulation 19(3)(b); and
(b) an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.

Please bear in mind that this is the exact phrasing and that, according to it, the EEA National and EEA Family Member don't even need to have Comprehensive Sickness Insurance, since their initial residence right would only cease if they indeed become an unreasonable burden, i.e. make extensive use of the social assistance system in the UK.

Having that in mind, if the EEA Family member starts to work during this period, the EEA Family member is acting within his/her rights of residence. The EEA National would then start to exercise Treaty Rights as self-sufficient relying on earnings from a family member, legally working on the UK.

So, on this case, the egg does indeed come before the chicken, being the egg the right of the EEA Family Member to work. All this debacle is moot if the EEA Family Member starts to work within 3 months in country.

[ebefo]

Thanks for all your help so far. I applied for the eea2 as self sufficient with CSI and her bank balance of £3000+ on 13th of Aug, i got a COA confirming right to work 10 days latter.

I got a letter from home office today that i am invited for interview on 7th of October i told my wife who is currently back in her country, she said she is not coming back to London anymore that she wants a divorce as soon as all this is over, that she is pregnant for another guy She is the sole heiress to a multi million euro company in her country and she decided she cant leave that to stay in London and that she has moved on so i should forget about her or whatever we once shared. Our marriage is 1 year last week (((

What should i do ? my head is upside down should i just call the HO to withdraw my application ? or tell them the truth

[Imshzd]

Thanks for all your help so far. I applied for the eea2 as self sufficient with CSI and her bank balance of £3000+ on 13th of Aug, i got a COA confirming right to work 10 days latter.

I got a letter from home office today that i am invited for interview on 7th of October i told my wife who is currently back in her country, she said she is not coming back to London anymore that she wants a divorce as soon as all this is over, that she is pregnant for another guy She is the sole heiress to a multi million euro company in her country and she decided she cant leave that to stay in London and that she has moved on so i should forget about her or whatever we once shared. Our marriage is 1 year last week (((

What should i do ? my head is upside down should i just call the HO to withdraw my application ? or tell them the truth

Withdraw is a best option.

[ebefo]

Thanks for all your help so far. I applied for the eea2 as self sufficient with CSI and her bank balance of £3000+ on 13th of Aug, i got a COA confirming right to work 10 days latter.

I got a letter from home office today that i am invited for interview on 7th of October i told my wife who is currently back in her country, she said she is not coming back to London anymore that she wants a divorce as soon as all this is over, that she is pregnant for another guy She is the sole heiress to a multi million euro company in her country and she decided she cant leave that to stay in London and that she has moved on so i should forget about her or whatever we once shared. Our marriage is 1 year last week (((

What should i do ? my head is upside down should i just call the HO to withdraw my application ? or tell them the truth

Withdraw is a best option.

Thanks: How do i go about it ?

[Imshzd]

Write a letter and give then a call.