Residence Card Aplication - EEA2

Bego · Post by **Bego** » Tue Jun 09, 2009 1:36 pm

Hello,

My husband is a non EEA National, right now he has a EEA Family Permit for 6 months that allows him work but next he must apply for a Residence Card (rigth now he has been working for almost 4 months). IÂ´m a EEA National from Spain but right now IÂ´m not working because IÂ´ve not found any job and IÂ´m taking care of my kids. have any of you known if there is going to be any issue for him to get his Residence Card?... what would you recommend?.

I also have a second question.... he works for Oil & Gas industry and he needs to travel Offshore very often.... can he just show his Certificate of Application (with no passport) to make this kind of trips due that most of them are in GB and he is not leavig the country?.

Thanks in advance...cheers !!!

Mr Rusty · Post by **Mr Rusty** » Tue Jun 09, 2009 2:36 pm

Your husband can only be granted a Residence Card if you can show that you are a "Qualified Person", i.e. either a "worker" or a "jobseeker". If you have been here a long time without work, it is much more difficult for you to show that you qualify as a jobseeker.
I would recommend that you get a part-time job, which is sufficient to qualify you as a "worker" even if it brings in a very low wage. (This was established in the European Court case of "Kempf"). In my opinion this is better than trying to prove that you are seeking work and have a realistic chance of getting a job. If you were unemployed for more than 6 months you would probably be regarded as not a "jobseeker".
Somebody might suggest that your husband would qualify because of your children, who are presumably Spanish, but there is some wording in the caseworking instructions which suggests to me that your husband's earnings as an EEA Family Member could not be counted towards the cost of supporting them here, so his qualification has to come from you. If someone knows better, I bow to superior knowledge.
If your husband is flying within the UK he should only be required to produce photo-i/d to board a plane, such as a driving licence. He can produce a photocopy of his family permit or residence application in the unlikely event that his immigration status is challenged.

86ti · Post by **86ti** » Tue Jun 09, 2009 3:10 pm

The other option is that you as EEA national declare yourself as self-sufficient. Unfortunately, however, the Home Office's current position is that you would have to proof separate comprehensive sickness insurance. For some reason they do not accept NHS insurance as valid (NHS themselves on the other hand seem to be fine as long as you are "ordinarily" resident).

Bego · Post by **Bego** » Tue Jun 09, 2009 5:06 pm

Thanks for your responses :) but what I do not understand is why then in the EEA2 form, Section 4 (employment) there is then the opportunity for the aplicant (the non EEA) to be the support of the family.... donÂ´t have EEA mothers the right yo stay home taking care of their children meanwhile the Non EEA supports the family?.

Investigating IÂ´ve also read that while he applies for an EEA2 (residence card), I MUST apply for a EEA1... Is that right?

Thanks again :)

86ti · Post by **86ti** » Tue Jun 09, 2009 9:07 pm

Bego wrote:...what I do not understand is why then in the EEA2 form, Section 4 (employment) there is then the opportunity for the aplicant (the non EEA) to be the support of the family.... donÂ´t have EEA mothers the right yo stay home taking care of their children meanwhile the Non EEA supports the family?.

Of course, you can. The problem is just the comprehensive sickness insurance if you need to declare self-sufficiency. Maternity leave may be an option but that obviously only works some time after delivery.

Bego wrote:Investigating IÂ´ve also read that while he applies for an EEA2 (residence card), I MUST apply for a EEA1... Is that right?

No, both are optional.

Mr Rusty · Post by **Mr Rusty** » Wed Jun 10, 2009 12:17 am

86ti wrote:
Bego wrote:...what I do not understand is why then in the EEA2 form, Section 4 (employment) there is then the opportunity for the aplicant (the non EEA) to be the support of the family.... donÂ´t have EEA mothers the right yo stay home taking care of their children meanwhile the Non EEA supports the family?.
Of course, you can. The problem is just the comprehensive sickness insurance if you need to declare self-sufficiency. Maternity leave may be an option but that obviously only works some time after delivery.

Bego wrote:Investigating IÂ´ve also read that while he applies for an EEA2 (residence card), I MUST apply for a EEA1... Is that right?
No, both are optional.

The EEA1 is optional, but I can't imagine an Non-EU EEA Family Member being able to conduct a normal working life without having a document to prove his status here. Apart from the tedium of filling in the forms you haven't got a lot to lose as the applications are free of charge.

The "self-sufficiency" is a bit of a grey area because of this sickness insurance requirement, which is why I suggested you circumvent it by working a few hours a week for pin money to class yourself as a worker.

Bego · Post by **Bego** » Wed Jun 10, 2009 2:07 pm

Thanks again.

Of course that my husband is going to apply for the EEA2 to be legally in UK. What IÂ´m not sure is if I should apply for a EEA1 (because it is not a compulsory according to what IÂ´ve read)

I think that as you already recomended, we are going to apply for his Residence Card declarying myself a "self sufficient person" and demonstrating that he (my husband maintains me) based on this information I found:

"An EEA national can qualify as self-sufficient based on the income of their non-EEA family member."

We then should endorse Bank accounts, pays, contract, etc.

But then, do I must also get a "comprehensive sickness insurance "??.... Is it a comprehensive sickness insurance the same tha a Comprehensive Health Medical Insurance?.

Txs again

86ti · Post by **86ti** » Wed Jun 10, 2009 3:26 pm

Bego wrote:Of course that my husband is going to apply for the EEA2 to be legally in UK. What IÂ´m not sure is if I should apply for a EEA1 (because it is not a compulsory according to what IÂ´ve read)

Once again, both are optional. This means that you are not legally obliged to obtain either (yes, the UK is peculiar in this). The right of the non EEA national family member derives solely from the relationship. The application for the residence card/certificate is only a confirmation of status.

The residence certificate (EEA1) seems to be totally useless (within the UK at least) but as has been mentioned earlier the residence card (EEA2) is a necessity in many practical situations (work, travel, etc.).

tt · Post by tt » Wed Jun 10, 2009 4:47 pm

Would there be any advantage in them getting the residence certificate (EEA1) and residence card (EEA2) now, if they wanted to prove Permanent Residence rights 5 years down the track?
I mean, would showing their EEA1 and EEA2 be the easiest and quickest (least hassle-free, if you like) method of confirming their Permanent Residence in the UK in 5 years time.

Nevertheless, I believe the PR certificate (EEA3) and PR card (EEA4) that they could obtain in 5 years time are also optional in the UK? Those PR rights come automatically (given the 5 years is proven to the authorities)?

But in the case of EEA3 and EEA4, I suppose there is great use in having these documents.

86ti · Post by **86ti** » Wed Jun 10, 2009 4:58 pm

tt wrote:I mean, would showing their EEA1 and EEA2 be the easiest and quickest (least hassle-free, if you like) method of confirming their Permanent Residence in the UK in 5 years time.

I don't think so. HO will have to check if you have met the conditions for the past 5 years. EEA1/EEA2 would only show that you had been eligible at some time in the past but naturally won't proof anything after having received confirmation of this status.

tt wrote:Nevertheless, I believe the PR certificate (EEA3) and PR card (EEA4) that they could obtain in 5 years time are also optional in the UK? Those PR rights come automatically (given the 5 years is proven to the authorities)?

Yes but you do not have to proof it to HO by application.

Bego · Post by **Bego** » Wed Jun 10, 2009 5:01 pm

Thanks again....Ok, I get it !!! both are optionals but if a non EEA National wants to remain in UK working she/he MUST apply for a Residence Card.

Any clarifycation regarding the Comprehensive Sickness Insurance????

Txs
Bego

tt · Post by tt » Thu Jun 11, 2009 3:29 pm

If you don't have the EEA3 or EEA4, who will believe you that you have Permanent Residence rights in the UK.

That then leads onto the issue of (I guess) having to prove your 5 years to the authorities, because you will need that EEA3 or EEA4.

Or am I missing something?

86ti · Post by **86ti** » Thu Jun 11, 2009 3:48 pm

tt wrote:If you don't have the EEA3 or EEA4, who will believe you that you have Permanent Residence rights in the UK.

That then leads onto the issue of (I guess) having to prove your 5 years to the authorities, because you will need that EEA3 or EEA4.

Or am I missing something?

What authority do you think you need to proof your status to?

tt · Post by tt » Thu Jun 11, 2009 3:59 pm

Is it the HO, when you get that EEA3 or EEA4?

Bego · Post by **Bego** » Fri Jun 12, 2009 9:55 am

[quote="Mr Rusty"] If your husband is flying within the UK he should only be required to produce[color=red][b] photo-i/d[/b][/color] to board a plane, such as a driving licence. He can produce a photocopy of his family permit or residence application in the unlikely event that his immigration status is challenged.[/quote]

Could this photo - i/d be the ID Card from his country (Venezuela) ???

86ti · Post by **86ti** » Fri Jun 12, 2009 10:00 am

tt wrote:Is it the HO, when you get that EEA3 or EEA4?

I'm still unsure what you are trying to get at. We have already established that there is no requirement for application which means that you do not have to contact HO.

86ti · Post by **86ti** » Fri Jun 12, 2009 10:03 am

Bego wrote:Could this photo - i/d be the ID Card from his country (Venezuela) ???

Who is he flying with? Is this a conventional airline or a special carrier for that kind of industry? In any case, why don't you ask them what requirements they have?

Bego · Post by **Bego** » Fri Jun 12, 2009 10:30 am

[Who is he flying with? Is this a conventional airline or a special carrier for that kind of industry? In any case, why don't you ask them what requirements they have?[/quote]

Thanks for your replay. He is travelling OFFSHORE (North Sea - Oil & Gas) for work. I guess it is a special carrier because is an helicopter just to get workers there. OK...IÂ´ll ask him to call the special carrier.

Begona

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Residence Card Aplication - EEA2

Residence Card Aplication - EEA2