Earnings (£) Advice Please!! - Qualified Person (Worker)

[sp84]

Hi everyone,

I am an EEA National living in the UK with my non-EEA wife. She arrived on an EEA Family Permit in mid June so we have only been living here in the UK for one month, but I have already applied for my wife's RC on the basis of me being a self-sufficient / job seeker. The referendum made me feel like I had to. I have enough savings to meet the self-sufficiency requirements and I have CSI with both of our names on the policy.

I recently contacted the Home Office and was told that the outcome of my application will be based on my circumstances at the time of DECISION, rather than at the time of application. So due to processing times - we are looking at around 4-6 months.

I know that one of the strongest ways in which to be considered a "qualified person" is to be a worker. I was always lead to believe that working 16 hours per week at minimum wage (£7.20 per hour based on my age) would be enough to meet this requirement ... HOWEVER ...

I have recently been giving some contradicting information and was hoping that I could get some clarity. Firstly, I was told that I should work a minimum of 20 hours per week (not 16) at minimum wage. This would work out as £144 per week.

I was then told that I should instead be meeting the National Insurance Contribution Threshold - which is actually £155 per week?

I am meeting with a potential employer this week and when discussing the wage, I would like to know which point I should use as my starting negotiating position - regarding hours worked/pay per hour. Should it be 16 hours per week or £155 per week etc?

I am hoping that by getting this part time work - plus my self-sufficient evidence, the RC should not be refused.

Any advice would be appreciated!
Thanks!!

[noajthan]

EU law simply states that work needs to be genuine and effective; there is no specific requirement set for number of hours, payrate, payment of tax(/NI) etc etc.
UK then applies its PET/MET tests on top of this. This is above and beyond the cleaner, purer EU law.

See https://www.freemovement.org.uk/using-m ... ne-worker/

[sp84]

EU law simply states that work needs to be genuine and effective; there is no specific requirement set for number of hours, payrate, payment of tax(/NI) etc etc.
UK then applies its PET/MET tests on top of this. This is above and beyond the cleaner, purer EU law.

See https://www.freemovement.org.uk/using-m ... ne-worker/

Thanks noajthan - so basically I should be looking at £155 per week minimum (this is the MET for 2016/2017)??


Also, just a quick question in relation to your link - when you said the UK then applies its PET/MET, the link is in reference to JSA entitlement and retained worker status. Does that also apply in my case for the Residence Card Application for my wife?

I want to start working now in the job I may have offered to me - but come September / October, I hope to start teaching again in schools. I will earn well and above the MET once I start working there - but I want to enter the workforce asap, in the hopes of making my wife's RC application much more solid.

[noajthan]

Thanks noajthan - so basically I should be looking at £155 per week minimum (this is the MET for 2016/2017)??


Also, just a quick question in relation to your link - when you said the UK then applies its PET/MET, the link is in reference to JSA entitlement and retained worker status. Does that also apply in my case for the Residence Card Application for my wife?

I want to start working now in the job I may have offered to me - but come September / October, I hope to start teaching again in schools. I will earn well and above the MET once I start working there - but I want to enter the workforce asap, in the hopes of making my wife's RC application much more solid.

Yes, UK HO now applies this domestic test to hard-working Union citizens on the EU migration route.
The test is applied to the sponsor; the activity of the non-EEA national is immaterial.

[sp84]

Yes, UK HO now applies this domestic test to hard-working Union citizens on the EU migration route.
The test is applied to the sponsor; the activity of the non-EEA national is immaterial.

Thank you noajthan - I had already known that the activities of the spouse play no part in the outcome of the application (that it all depends on the status of the sponsor - so myself in this case).

On the basis of my self-sufficiency application that I have already lodged - I should already be classed as a qualified person (as long as I keep my savings above the threshold when they make the decision on my case) - I am hoping that with my savings - plus a job of AT LEAST £155 per week, they have no grounds for refusal.

If the current timeline of 4-6 months holds true, that will take me to Oct-Dec for the decision to be made Like I said - by then I fully expect to be working in school(s) and even 2/3 days a week would take me well beyond the MET threshold.