EEA Residence permit

skandans · Post by **skandans** » Tue Oct 02, 2012 8:37 pm

Dear All,
I am non Eu national (India) and my wife is a German National. We married on Aug 2006 and from Aug 2008 we are living in UK. Due to family circumstances my wife not able to find a job ( spending time with my son). Now we have finished 4 years in UK. Now she decided to go back to Germany to look for a job in her profile. I have strong language problem in Germany. I am working as full time employee in UK. So we decided that she will stay with her sister in Germany to find a job, I will continue my work in UK. My question is, if she move now, it will impact my PR application next year!
I request you all to give possible solution on this issue.

Kind regards

Skandan Tom

Post by **Jambo** » Tue Oct 02, 2012 8:58 pm

When you initially applied for RC, on what basis was it? worker? self sufficient?

It seems that your wife is exercising treaty right as self sufficient (based on yor earnings), have you got CSI (private health insurance) to cover both of you? Without it, your time in the UK is not counted towards PR.

(and there is still the issue of your wife not living in the UK which needs to be addressed).

skandans · Post by **skandans** » Tue Oct 02, 2012 9:14 pm

When we applied for EEA2, We dont know about the treaty rights. After 1 year we have received an email from case worker saying my case in on final stage, they need more proof that my eea partner exercising treaty rights. Obviously we had only one source to buy CSI. But we have some refusal letters from employers to prove that she was actively seeking job. Now she want to move back to Germany. If she goes back, what will happen for my RC.

Post by **Jambo** » Tue Oct 02, 2012 9:51 pm

Under EEA regulations absences upto 6 months a year are allowed without breaking residency. Your RC will stay valid.

I didn't understand from your post if you have CSI or not. Without CSI to cover the periods she was not working during the 5 years, your application for PR Confirmation will fail even if she is living in the UK.

skandans · Post by **skandans** » Wed Oct 03, 2012 9:43 am

Hi Jambo,

We dont have CSI for the first year, because we dont know the treaty rights, moreover my case was not opened for 1 Year. Now the system has been changed, they are return the documents now when its not met conditions. But I have few refusal letters proving that she was actively seeking a job at the time.

Is it ok to apply EEA4.

skandans · Post by **skandans** » Wed Oct 03, 2012 2:45 pm

Hi Jumbo,

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

If you were related to an EEA national by marriage or civil partnership but the relationship has ended through death, divorce, dissolution or the EEA national's departure from the UK, it is possible that you will retain a right of residence in the UK under European law. For more information, phone our European enquiries contact centre and speak to one of our advisers.

If you were the unmarried partner of an EEA national and the relationship has ended, you no longer have the right to live in the UK under European law.

http://lawfirmuk.net/english/eurorule.htm
In the event of EEA national's death or departure from the UK:

It would not mean loss of the right of residence for the family members, who are not nationals of the member state, and who have been residing in the UK as family members for at least one year before the EEA national's death or departure from the UK. But before applying for permanent residence they need to fulfil the criteria of being a worker or self employed person or self-sufficient person and to provide comprehensive sickness insurance cover.

It would also not mean loss of right of residence for the children or of the parent having actual custody of the children, irrespective of nationality, if the children are residing and enrolled at an educational establishment for the purposes of studying in the UK, until the completion of their studies.

Post by **Jambo** » Wed Oct 03, 2012 3:03 pm

I'm not sure what you are trying to say here.

- Are you getting divorced?
- Do you have a child attending school in the UK?

skandans · Post by **skandans** » Wed Oct 03, 2012 4:38 pm

Hi,

I mean if the eea national departure uk without legally separated still the eea family member can retain right of residence as per the European law. It was clearly mentioned in UK border website as I mentioned below. I called the UKBA and mentioned about this, they accepted they made a mistake on their wordings in their website.

Post by **Jambo** » Wed Oct 03, 2012 5:07 pm

skandans wrote:I mean if the eea national departure uk without legally separated still the eea family member can retain right of residence as per the European law

This statemebt is true although there are conditions to that which you don't meet.

You can read it in Article 12 of the directive.

skandans · Post by **skandans** » Tue Oct 09, 2012 8:37 pm

Hi Jumbo,

Quick Recap

Entered UK 31/07/2008
Applied EEA (1st week of August)
Issued EEA 2 - 21/10/2009

From 2008 - 2009 - EEA national serching for the job
From 2009 - 2010 - EEA national serching for the job & done some part time courses
From 2010 - Mid of 2011 - Done part time courses and serching for the job
Mid 2011 - still date - Working part time employment.

Inbetween these years she was hopitalised for recurring miscarriages , we have medical reports. I have about 25 refusal letter from various employers.

Do you think I can go for EEA4

Please advice me.

Kind regards

Post by **Jambo** » Wed Oct 10, 2012 6:22 am

It is unlikely the HO would accept a status of job seeker for such long periods. She could be self sufficient for the periods you had CSI.

However, if she leaves the UK now, your changes to obtain PR next August are slim as she will break her residence in the UK (upto 6 months of absence a year is allowed).

skandans · Post by **skandans** » Wed Oct 10, 2012 2:04 pm

Hi Jambo,

She is not moving back from UK until I get my PR. She tried her best to find the job, but due to recession and other family circumstances influenced not to obtain the job, still we have a proof for the job serch we have made during those periods, and I never had CSI before.
I am going to submit

1. all my p60
2. Bank stantments
3.Council Tax and other utility bills
4. 2 years P60 of eea national
5. Certificated uptained during the period.

Thats it, I know some people, who got their PR without CSI. But I know it all depends on time.

Kind regards

Skandan

Post by **Jambo** » Wed Oct 10, 2012 3:53 pm

CSI is not required if the EEA national exercises treaty rights as a worker (including job seeker). It is required if applying as self-sufficient.

As I said, it is unlikely the HO would recognise long periods of job seeking but that depends on the case. As the application is free, there is no real downside to applying.

skandans · Post by **skandans** » Wed Oct 10, 2012 4:46 pm

H Jambo,

Thanks for your reply

I try to search for the time frame for minimum working hours and Maximum job search period for EEA national. Do you have any directions related to that. As for I know EEA national can maintain their treaty rights by working even ½ an hour in a week or month, because there are no directions about the working hours.

Kind regards

Skandan

Post by **Jambo** » Wed Oct 10, 2012 5:14 pm

See Question about income and the links post there.

jotter · Post by **jotter** » Wed Oct 10, 2012 5:34 pm

skandans wrote:H Jambo,

Thanks for your reply

I try to search for the time frame for minimum working hours and Maximum job search period for EEA national. Do you have any directions related to that. As for I know EEA national can maintain their treaty rights by working even ½ an hour in a week or month, because there are no directions about the working hours.

Kind regards

Skandan

http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun1/

EUN1.3 would be the section to look at for a person to apply on the basis of being a Jobseeker, but Jambo's link goes into a lot more detail.

skandans · Post by **skandans** » Wed Oct 10, 2012 7:59 pm

Hi Jambo & Jotter,

Thanks for your info's. Today I called HO, to get an answer for my question, the adviser tole me, there are no working hours prescribed for the eea nationals. As long as she works, that will be fine.

Kind regards

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA Residence permit