EEA 2 or FMRS?

[mariaK]

I`m despaired for any advice,if someone can help me....
Here is the situation:
I`ve got Russian citizenship, have been living in UK since February 2008 as a student.I`ve got an COA and planning to get married in the end of February 2011.
My fiancée- Lithuanian passport holder, haven`t been legally working for few years .In February 2010 he registered his own company. Only in October he registered with Revenue office and start getting his salary, which is very low £200-£300 per month, as he doesn`t want to overreach tax free £5000 per year. So I can`t apply for a visa with EEA 2, as he was working less than 12 month.
He didn`t register with Worker Registration Scheme being Lithuania and working less than 12 months as he has to do by low. So that means I can`t go for FMRS either...
Do you think if he could register with Worker Registration Scheme, we can try FMRS? This form doesn`t say anything about address proving, do we still need to show our bills?
If his salary is so low, do you think there is still a chance to get a visa?
If yes for how long HO normally gives those visas and what kind of rights it will give to me? Would be I able to work full time?
King regards

[Stefan-TR]

In February 2010 he registered his own company.

If he is self-employed, then he doesn't need to register with WRS and you can apply for EEA2 straight away, once you're married. Just be careful to supply proof of his self-employment and not to claim he was a worker instead.

[mariaK]

thank u for your reply.I thought about this as well,but the problem is hi is n`t self-employed either.

[86ti]

There are no 'visas' on the EEA route. The WRS/FMRS scheme will be obsolete beginning from May this year.

However, to stay lawfully in the UK your partner will have to exercise treaty rights. From your description it is unclear what he is actually doing to support himself (and later you). Is there any particular reason why he doesn't want to earn more money (work tax credits?)? There are no fixed numbers of maintanence you must have but less than £5000 may stretch it.

Yes, you would have full working rights.