Employment, Treaty Rights and Residence Card

[Mirta SF]

Hello again,

I would like to get some clarity over the RC for my non Eu husband.

We are applying for a Family Permit to enter UK. We would both be looking for employment once there. From what I understood he is allowed to work thanks to the FP, but after the initial 3 months I must prove to be exercising Treaty Rights so he can apply for a Residence Card. My questions:

1) I was told any kind of employment even part time qualifies as exercising treaty rights. Is there any minimum amount I must be earning? On the Directive it mentions that at least one pay slip must be provided unlike what I heard that a letter for the employer suffices.

2) What if I dont find employment but my husband does? The EEA form for RC seems open to the possibility as it allows one to fill with his employment details.

3) What if neither of us finds employment? I heard jobseekers have 6 months as long as they are "qualified" - but I didnt find reference to this in the Directive, where treaty rights are intended as:
- employed/self employed/ self sufficient.

Does that mean I have to prove being self sufficient while seeking for work, or does job seeker count in its own right?

4) I studied in London for 2 years (2007-2009) and in a different post, someone said I have already exercised Treaty Rights. Does that help in any way?

5) If job-seeking is counted towards Treaty Rights, then cant we apply for an RC as soon as we land?

I am a little concerned that if things are bleak and I dont find a job in 3 months, we will be kinda doomed. We are basing our relocation on the hope of going and finding work, both of us. If without an RC my husband has difficulty finding work (skeptical employers?) and I dont find it, Im not sure to what extent we are able to prove our funds being sufficient - and if he cant get the RC till I prove my TR it's a dog biting its tail scenario.

I know it says there is no minimum requirement of funds, but I somehow believe they would have a basic figure.

We are gathering all the courage we have to leave everything and go - as if one doesnt take a step, he will never move. I just hope we dont come off as crazy. Anyone has had a similar experience? Any advice?

thank you all so much and good luck!

[86ti]

1) The keywords are "genuine and effective" and "not to become an unreasonable burden on the state". There are various court orders dealing with such issues but eventually each case would need individual assessment. Part time work should be no problem. There are no fixed amounts but the ECIS may have some hints how caseworker assess the financial situation.

2) That would make you a self-sufficient and the UKBA will require you to have separate comprehensive sickness insurance (not NHS!) for everyone in the family.

3). Jobseekers are certainly covered by the Directive and are in a separate category. Job seeking needs to be active and possibly also require registration with the job centre. It may be more than six months if you can demonstrate that you have a genuine chance to land a job.

4) You may have (if you had CSI) but I do not quite see how that would help now except that your education may increase the likelyhood that you will indeed find work.

5) In principle yes if you are really active in your job hunt. But you do not have to.

[Mirta SF]

Thank you for that.

1) I will check out the guidelines.

2) If nothing works, ill get sickness insurance for us 2

3) How do they evaluate that? In terms of qualifications I should be ok I have a Masters from the LSE hope that satisfies the criteria along with some proof that I am actively looking for work

4) Indeed. Someone in the forum mentioned it, so was just confirming.

5) I guess it would be in our interest as without it, my husband might have more difficulty convincing employers of his employment status (this is on UKBA website). And also the sooner the better I suppose, it takes upto 6 months.

Thanks a ton!

[Jambo]

From the UKBA website

You are said to be exercising Treaty rights if you are:

* employed or self-employed; or
* studying; or
* economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
* a jobseeker; or
* retired; or
* someone who has had to cease working in the UK owing to permanent incapacity.

If you look at the EEA1 for residence certificate, you can see that for employment (section 3), you can produce a contract, payslip (at least one) or a letter from employer. For economically self-sufficient (Section 7) than:

Evidence of comprehensive sickness insurance and funds sufficient to maintain yourself and any family members included in this application during the time you intend to reside on this basis. These funds can come from the employment or self-employment of any of your family members residing in the UK with you. Documentary evidence of their employment or funds should be supplied.

Hope this answers your questions.

[Mirta SF]

Yes, this is very helpful, thank you!

[Jambo]

A small tip when applying for jobs. Have you husband write "nationally: XXX (EU family member. Allowed to work in the UK)". If he doesn't mention the word "visa" or expiry dates in his CV, he is less likely to be asked about his immigration status in the UK (which is not a problem but not all employers are familiar with EU rules). Better just to state allowed to work in the UK and when he gets to the stage he needs to prove it (usually in a later stage in the job offer process), he can explain.

Remember that even if you apply on day one for a residence card, it takes about 3 months to get it and hopefully you will find something (or be in the process of getting an offer) by then.