Non-EEA Spouse EEA2 - Student or Worker

[totally]

Hi All,

I am from India and have stayed in UK for 8 years (studying & working). My husband is from Hungary and has stayed here for 5 years (studying & working). We have lived together for 4 years and just got married 5 months ago. Currently I want to apply for residence card by EEA2 but quite confused and not sure which route we should go down.

1. My husband officially finishes his studying the end of this month although his graduation is not until December. He's working part time at the moment while finding a proper job. We don't know if we should send in an application with him as a student or worker? His current work is in a Chinese with no payslips/contract and his bank statement is not that great (bordering on overdraft since he was working to support himself through studies). He also does not have any other insurance than the normal NHS either. Will we have better chance to wait until he's got a better job. Will he need to have a job that earn more than £18600 for my application to be valid?

2. We have a marriage certificate, but since he's been taking care of the house bills, council tax etc, I don't have any documents to prove that we've been living together for the past 4 years except for my bank statement. Will that be a problem?

3. Will it be better if my husband applies for PR first since he has been here for 5 years

Many thanks for your help, it will be much appreciated.

[totally]

I think I was confused with the new family migration law, that is intended for spouses of British nationals. Could somebody please confirm that the minimum wages threshold £18600 is not applicable for EEA2 route?

[Jambo]

I think I was confused with the new family migration law, that is intended for spouses of British nationals. Could somebody please confirm that the minimum wages threshold £18600 is not applicable for EEA2 route?

I can confirm there is no minimum threshold.

[Jambo]

Hi All,

I am from India and have stayed in UK for 8 years (studying & working). My husband is from Hungary and has stayed here for 5 years (studying & working). We have lived together for 4 years and just got married 5 months ago. Currently I want to apply for residence card by EEA2 but quite confused and not sure which route we should go down.

1. My husband officially finishes his studying the end of this month although his graduation is not until December. He's working part time at the moment while finding a proper job. We don't know if we should send in an application with him as a student or worker? His current work is in a Chinese with no payslips/contract and his bank statement is not that great (bordering on overdraft since he was working to support himself through studies). He also does not have any other insurance than the normal NHS either. Will we have better chance to wait until he's got a better job. Will he need to have a job that earn more than £18600 for my application to be valid?

2. We have a marriage certificate, but since he's been taking care of the house bills, council tax etc, I don't have any documents to prove that we've been living together for the past 4 years except for my bank statement. Will that be a problem?

3. Will it be better if my husband applies for PR first since he has been here for 5 years

Many thanks for your help, it will be much appreciated.

1. It is normally simpler to apply as a worker (if you can) - less paperwork, no insurance required. But if he has no evidence of his work, how could he prove it to the HO?

2. If you are married, there is no need to prove cohabitation.

3. If he can prove 5 years of exercising treaty rights, the yes but it seems he will have issues as a student (no insurance) or a worker (no payslips, contract).

[totally]

Thanks for the clarification Jambo. My husband is trying to find a job that is suitable with his study but with current situation it is not that easy. If he just gets a temporary minimum wage job, e.g at supermarkets, restaurants will that be enough? We can postpone the application for a few weeks until he has the payslips/contract. I am currently working on my Tier 2 visa and I was supporting him through his studies but I guess my income would not count in this application.

Another thing is, if he wants to apply for PR, does he have to have the insurance for all the time he was studying? Is there a way we can get it retrospectively? He has always been working part time while studying to support himself, so he has payslips for most of the time, just a few months that we are missing when he works in this Chinese.

Thanks and regards,
Vinita

[totally]

I think I've just asked a silly question about retrospective health insurance in the moment of panick there :p If he gets a job now, I assume does not need to provide proof of private insurance for the period he was studying and University letter that confirms the duration of his course will be sufficient proof for this period?

[Jambo]

temporary minimum wage job is fine. I would say any job over 10 hours a week should be OK.

If you just want RC, your partner can show he works now. For PR, he will need to show he was exercising treaty rights during the 5 years. This means health insurance for periods he was a student. I never heard of an insurance you can take retrospectively. If the was working while studying, then proof of employment for that period is required if he doesn't want to be considered a student.

[fakharraza]

Hi ,
Can we apply as both Student and worker, my Wife is EU citizen studying and working part time 15hrs a week.
I can provide her Employment Letter and university Letter.
so can we tick both Worker and student on the EEA @ Form ?
THANKS