UK -Philipina wishing to return UK to work

[Euroguy]

Hi I and my wife are residents of Portugal I am British notionaly self employed subsistance farming

I have small contracts now in the UK and wish my wife to come with me to work she has a 5 year residence card arrived nov 11 is it a question of just turning up at a port ?

[Directive/2004/38/EC]

Hi I and my wife are residents of Portugal I am British notionaly self employed subsistance farming

I have small contracts now in the UK and wish my wife to come with me to work she has a 5 year residence card arrived nov 11 is it a question of just turning up at a port ?

Welcome!

Because you have been self-employed in Portugal, then the EU free movement laws apply to your wife.

If you want to fly you will need to get an EEA Family Permit from the British embassy.

If you will be driving, then you can alternatively enter without an EEA FP. See http://eumovement.wordpress.com/2010/08 ... to-travel/

[Jambo]

See also EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases).

[Euroguy]

Thanks for the reply,s the slight difficulty is in that i presume I have to prove self employment all I have is a statement from my parish that I am a subsistance farmer in Portuguess hope that will do

[Directive/2004/38/EC]

self employed subsistance farming

Can you please spend some time describing exactly what you mean by this?

[Euroguy]

Sure in Portugal if you own some land you can subsistence farm as an activety ie grow food keep animals that are purely for you and your families use In my case the amount is said to be worth 1000 euros a year as income.

You can also pay a minimal social security contribution volantarly of about 60 euros a month

I then work in other countries including the UK to generate a bit of cash income befor returning to my home this year i wanted the missus to come to meet the family

[Directive/2004/38/EC]

On what basis are you residing in Portugal? Are you considered self sufficient or self employed?

What is the citizenship of your wife? Did you have to specify anything about your work when you applied for any residence documentation for her?

Have you ever worked for cash in Portugal, e.g. working in a restaurant, or doing deliveries for people, or working for other farmers? This might be either full or part time.

[Euroguy]

On what basis are you residing in Portugal? Are you considered self sufficient or self employed?

What is the citizenship of your wife? Did you have to specify anything about your work when you applied for any residence documentation for her?

Have you ever worked for cash in Portugal, e.g. working in a restaurant, or doing deliveries for people, or working for other farmers? This might be either full or part time.

Self employed

Filipina

They only wanted to see I had "enough" savings for the immediate future about a years minimum salary I made it clear we would be farming for ourselves

Whilst "cash" work is possible it would be considered black without having bought official reciepts so I dont do this

As a context I have been resident since Sep last year so mostly cleaning land over winter and my wife arrived end November as an EEA family member

[fysicus]

On what basis are you residing in Portugal? Are you considered self sufficient or self employed?

What is the citizenship of your wife? Did you have to specify anything about your work when you applied for any residence documentation for her?

Have you ever worked for cash in Portugal, e.g. working in a restaurant, or doing deliveries for people, or working for other farmers? This might be either full or part time.

I don't think these questions are really important. The wife received a Residence Card from the Portuguese authorities (more than six months ago), which implies the recognition that OP was exercising treaty rights in Portugal.
In which capacity he did so (as a worker, self-employed or self-sufficient) is not relevant with respect to his return to UK.

[Jambo]

UKBA would only accept Surinder Singh if you exercised treaty rights as a worker.

[Directive/2004/38/EC]

I don't think these questions are really important. The wife received a Residence Card from the Portuguese authorities (more than six months ago), which implies the recognition that OP was exercising treaty rights in Portugal.
In which capacity he did so (as a worker, self-employed or self-sufficient) is not relevant with respect to his return to UK.

Singh was a case about an EU citizen who had worked in another member state, and is generally taken to be limited to that form of exercising treaty right.

RC can also be issued if the EU citizen is self sufficient (as in this case) or if they are a student. But these are not Singh situations.

Euroguy, you likely have to find a non-black paid job or be more formally self-employed, in order for Singh to cover your wife's entry into the UK.

See http://eumovement.wordpress.com/2011/12 ... -a-worker/ about the considerations involved. It has to be "real and effective" but not full time or for a long time. So part time working at a cafe during 3 months is OK.

The challenge is that the time you are most likely going to find some types of employment is the same time that you will most want to be on your farm.

[Euroguy]

Thanks very much guys I get it now

[Euroguy]

Hi every one Im British and have booked a ferry from Spain to the |UKfor end April.

I will have at that time more than 3 months self employed work evidence from Portugal and my intention is to work in the UK for 6 months prior to returning to Portugal with my non eea wife and child

I just wanted to confirm that I dont need to apply now for a visa but can show up for the boat with our marriage certs, residence cards and proof of self employed status ,social security numbers health cards and ask for an entry stamp that will allow the missus to work if she wants to.

[Jambo]

more than 3 months self employed work evidence from Portugal

More than 3 months means 3 months and one week or 6 months? Although there is no minimum duration in the regulations, you might struggle to prove you have actually worked as self employed for such a short period.

If possible, I would advice you to apply for a EEA FP before travelling.

[Euroguy]

The proof is in the Portuguess tax office printed invoices in my name??

[Jambo]

I doubt that someone in the forum would be able to confirm if this would work or not.

If you are assertive and show you are familiar with the regulations and have papers to back your story, this might work. It might not. No one here would be able to give you a definitive answer.