British Citizen Exercising Treaty Rights in EU state

[manUTd]

Hi all, quick question about centre of life of a british citizen exercising treaty rights as a worker in an eu member state, Is there a minimum wages per month the british need to be earning according by Law??

Concerning accommodation in the host country ,what would happen if the british citizen is staying with Family ? Is this would be having a negative impact about transferring the centre of life?

[CR001]

No minimum wage.

Accommodation, not sure but should be ok.

[rosebead]

Having relatives in the host State is a sign of centre of life if anything. Just make sure you get your name on some bills there and I think it should be fine.

[manUTd]

Ok thanks you guys but I know someone whose eea family permit application was refused based on the wages and accommodation! The person was earning less than the minimum wage and staying with Family . But no bills on their name.
They had a car insurance on the british citizen name and also loyalty card plus social security number as well.
The british was working 10/15 hrs per week.

[rosebead]

That sounds like an illegal refusal. They should appeal it. EU law is quite clear that earnings are irrelevant; in fact you can even earn below the level of subsistence and supplement with benefits and still be considered a worker. What matters is whether work is genuine and effective and not marginal or ancillary, which is not defined by earnings or hours but by looking at the whole package such as length of employment, was there annual or sick leave, was it regular work, etc. Neither Surinder Singh nor O & B case laws mention the nature of accommodation required in the host country - that's a laughable notion but then the Home Office are brazen.

[manUTd]

I know but even solvit said at the time of refusal that nothing can be done. Solvit said to reapply because the british citizen did not transfer centre of life by earning a minimum wage and staying with a third party.

[rosebead]

Centre of life is a very subjective criteria (as well as being illegal) with no clear specific definitions as to what it is, which means that Home Office workers can pretty much make it up as they go along if they want to and they do. There is nothing you can do about that except appeal or re-apply, as Home Office staff are not accountable for their decisions.

[manUTd]

Hi all, I would like to know if a non eea national can work in ireland when he has sent the EU1application form?

Non eea national with british spouse living in france at the moment and non eea national has a residence card of family member of EU citizen under the directive 2004/38/EC.

[rosebead]

I think Irish employers like to see proof that non-EU nationals can work so they will have to wait for the temporary residence card called Stamp 4. I think that takes a few weeks after the application.

[manUTd]

Hi all,
I would like to know if a non eea national is allowed to work when applying for EU1.? The non eea national is married to a british citizen and the latter is working..

many thanks

[rosebead]

Yes the non-EU family member can legally work but without proof to Irish employers the family member is probably not going to get very far as Irish employers get fined for hiring undocumented workers. That proof as I mentioned is in the form of a temporary residence card called Stamp 4 which is obtained a few weeks after the EU1 application.