Doubt about exercising Threatens rights in EU

[rvalk]

In a move to any EU country, the EU family member must be working so the non-eu family member can have the right to reside and work. Ok, it's crystal clear.

But in a scenario where "she" is housewife and "he" is a worker in a very good job where the salary is more than enough to all the family.... Can "he" hire "she" as personal assistant or nanny or anything like this ?

I mean: He creates a formal work contract, pay monthly a salary in a individual bank account. She pay all the taxes related...

Is such scenario possible ?

[secret.simon]

If "she" is the EEA citizen, she can exercise treaty rights by being a self-sufficient person with Comprehensive Sickness Insurance. She can be self-sufficient by her non-EEA spouse's earnings. Just ensure that she and all non-EEA members of the family have Comprehensive Sickness Insurance (essentially private health insurance).

Which country is "she" planning to exercise her treaty rights in?

[rooibos]

The OP said:"any EU country".

Every EU implements the notion of treaty rights in their own way. The Belgian government has expelled dozens of Italian citizens from Belgium who were not even claiming benefits on the ground that they could have claimed in the future.

I know for sure that in the Netherlands it's enough to have an insurance and not claiming benefit to receive PR after five years.

[rvalk]

Correct...since it's a EU law, I was asking in a general way..to all the countries.

He and She are thinking about Germany or Netherlands or Spain.

[rvalk]

Is possible, for example: He lost the job, she start to be a jobseeker , got a job (or not) and when he got a new job...back to be self-sufficient again ? Is such thing allowed ?

[secret.simon]

Correct...since it's a EU law, I was asking in a general way..to all the countries.

Every EU implements the notion of treaty rights in their own way.

A general question may not get you an accurate or specific answer to your situation.

Is possible, for example: He lost the job, she start to be a jobseeker , got a job (or not) and when he got a new job...back to be self-sufficient again ? Is such thing allowed ?

So long as the EEA citizen is exercising treaty rights, in any capacity (so she can be a worker, change to self-sufficient and then return to being a worker), continuously & for five years, she should qualify for PR after five years residence.

So long as the non-EEA spouse has resided in the same EEA country as the EEA citizen (of which she is not a citizen, unless on the Surinder Singh route) and the EEA citizen is either exercising treaty rights in any capacity OR has acquired PR status, the non-EEA spouse will acquire PR automatically.

The economic activity (work or otherwise) of the non-EEA spouse is irrelevant to the acquisition of PR. It is the exercise of treaty rights of the EEA citizen that matters.

As regards the EEA citizen being a jobseeker, be aware that some countries have time-limits on how long you can be a jobseeker. The UK for example expects a person to be a jobseeker for less than six months. After six months, s/he can continue to be a job seeker, but must prove that s/he has a "genuine chance of being employed" in addition to the standard requirements for a job-seeker.

[rvalk]

Correct...since it's a EU law, I was asking in a general way..to all the countries.

Every EU implements the notion of treaty rights in their own way.

A general question may not get you an accurate or specific answer to your situation.

Is possible, for example: He lost the job, she start to be a jobseeker , got a job (or not) and when he got a new job...back to be self-sufficient again ? Is such thing allowed ?

So long as the EEA citizen is exercising treaty rights, in any capacity (so she can be a worker, change to self-sufficient and then return to being a worker), continuously & for five years, she should qualify for PR after five years residence.

So long as the non-EEA spouse has resided in the same EEA country as the EEA citizen (of which she is not a citizen, unless on the Surinder Singh route) and the EEA citizen is either exercising treaty rights in any capacity OR has acquired PR status, the non-EEA spouse will acquire PR automatically.

The economic activity (work or otherwise) of the non-EEA spouse is irrelevant to the acquisition of PR. It is the exercise of treaty rights of the EEA citizen that matters.

As regards the EEA citizen being a jobseeker, be aware that some countries have time-limits on how long you can be a jobseeker. The UK for example expects a person to be a jobseeker for less than six months. After six months, s/he can continue to be a job seeker, but must prove that s/he has a "genuine chance of being employed" in addition to the standard requirements for a job-seeker.

Ty, Simon ! Amazing clarification !

[gokulatti]

It does not matter where the subsistence for the EU citizen is coming from. As long as she can prove she is exercising her treaty rights you both will have right to stay for more than 3 months. In your case your wife will fall under person with sufficient funds, the funds can be form anywhere, it doesn't matter if it is coming from YOU or HER. The funds could be anything really as long as you don't become a burden to the host state, yes she could be a housewife and you could be the provider, you don't have to overkill by making her a nanny or any work contract. totally unnecessary.