EU partner doesnt like working

[Manimba]

Hi everyone anyone in similar position? i've been married to my EU partner for 7 yrs now, we have two kids together, i got RC in 2007 unfortunately i cdnt apply for PR after 5yrs as my hubby was not working thru that time, basically just being lazy, i was working but like you all know my employment does not count, so i had to stop work, look for a job for him fill in the application make sure everything is comfortable for him and now he started work three months ago am worried he'll quit, he moans daily about the job being hard i dont mind going to work but he cant handle the kids, homework and stuff, any advice or anyone going thru the same, pliz kindly share with me. i really wish i didnt have to depend on him for my status or for anything.

[Lucapooka]

All you need to do is take out comprehensive sickness insurance for the entire family. That way your partner can be classed as self-sufficient based on your salary.

[Manimba]

Thks for the quick reply does it matter if i'm working only 30hrs a week? i cannot handle a 40-hr a week shift at the moment, (kids are bit young) ive re-applied for a new residence card but its stressing me worrying about him leaving the job, will do just that anyway, many thanks.

[Manimba]

its so stressful having to depend on yr partner for status, i have to work hours that suit him otherwise he'll threaten not to babysit or "his benefit money will be cut" lol want to know if there are any non-EU spouses who are in similar situations

[Obie]

How long has he been in the UK, and what has he been doing dueing this period, and are your children in Education.

[EUsmileWEallsmile]

I will refrain from commenting on your husband's attitude, other than to say it does not appear to be particularly fair to you.

Your status effectively depends on what he does. If he is a worker, then you can live and work in the UK. (He could also be classed as self-sufficient relying on your income, but you would need to take out sickness insurance). If he leaves work voluntarily, you would need to have the insurance and your income would drop.

I suggest you have a good read through directive 2004/38/EC to understand your situation better.

[Lucapooka]

does it matter if i'm working only 30hrs a week?

If you have CSI you are self-sufficient. There is no requirement to be working in any capacity. Obviously you have to work to make money but that's not relevent to the immigration rules.

[Manimba]

How long has he been in the UK, and what has he been doing dueing this period, and are your children in Education.

He's been here since 2004, worked till 2008 then been off work till december last year, reason i applied for a new RC had he been employed thru out, i'd have qualified for PR 2011. first child goes to full time school 2nd one starts this september. thanks

[Manimba]

Thanks everyone, definitely CSI is a must for me.

[sheraz7]

He's been here since 2004, worked till 2008 then been off work till december last year, reason i applied for a new RC had he been employed thru out, i'd have qualified for PR 2011. first child goes to full time school 2nd one starts this september. thanks

But I suspect that your EEA partner may qualify for PR based on the situation you told that he is here since 2004 and worked till 2008. Then from 2004-2008 he was a worker as long as if he registred with WRS scheme if A8 national and if you got your payslips/savings/his some savings evidence during 2009 then he can argue to be self sufficient without the need of sickness insurance (CSI was introduced in 2011).

[Obie]

After 2008, was he made redundant , or he left voluntarily? and what was he doing from 2008-2012

[Obie]

He's been here since 2004, worked till 2008 then been off work till december last year, reason i applied for a new RC had he been employed thru out, i'd have qualified for PR 2011. first child goes to full time school 2nd one starts this september. thanks

But I suspect that your EEA partner may qualify for PR based on the situation you told that he is here since 2004 and worked till 2008. Then from 2004-2008 he was a worker as long as if he registred with WRS scheme if A8 national and if you got your payslips/savings/his some savings evidence during 2009 then he can argue to be self sufficient without the need of sickness insurance (CSI was introduced in 2011).

But he never applied as self-sufficient.
In any event, he may have been on benefit, and therefore cannot claim he was indeed self sufficient.

You need to have all the fact, to come to a proper conclusion .

[sheraz7]

He's been here since 2004, worked till 2008 then been off work till december last year, reason i applied for a new RC had he been employed thru out, i'd have qualified for PR 2011. first child goes to full time school 2nd one starts this september. thanks

But I suspect that your EEA partner may qualify for PR based on the situation you told that he is here since 2004 and worked till 2008. Then from 2004-2008 he was a worker as long as if he registred with WRS scheme if A8 national and if you got your payslips/savings/his some savings evidence during 2009 then he can argue to be self sufficient without the need of sickness insurance (CSI was introduced in 2011).

But he never applied as self-sufficient.
In any event, he may have been on benefit, and therefore cannot claim he was indeed self sufficient.

You need to have all the fact, to come to a proper conclusion .

Many thanks for your input. I am referring to OP's 1st post too in which she mentioned that she (non-eu) was working and if she was working then her EEA national can argue to become self sufficient on the basis of her wages/her saving during 2009 (if she worked). That is what I mean.
thanks again.

[Directive/2004/38/EC]

I am unclear on which types of benefit would prevent you from being considered self-sufficient. Where is this laid out clearly Obie?

[Obie]

You can hardly claim self-sufficient on the basis of benefit payment. It goes against the letter and spirit of the provision, which is to ensure people are not a burden on host state national benefit system.

A state cannot remove someone unless they can prove that they are an unreasonable burden on the welfare system of the host state.

That provison does not fetter the memberstate from refusing to issue a confirmation of right as a self-sufficient person, in circumstances where they are unable to show they have sufficient resource.

There is a world of difference between removing someone because they are in receipt of benefit, and refusing someone a confirmation of self-sufficiency because they are on benefit.

The issue here is not in regards to the former but the later.

[EUsmileWEallsmile]

It would appear that the OP attempted to obtain confirmation of PR, but this was not successful.

http://www.immigrationboards.com/viewto ... ht=#775259

[Directive/2004/38/EC]

You can hardly claim self-sufficient on the basis of benefit payment. It goes against the letter and spirit of the provision, which is to ensure people are not a burden on host state national benefit system.

I certainly agree that if you were self-sufficient solely on the basis of benefit payment, then you would not qualify.

But I am not aware of any intent to ensure that people are never a burden on host member state, or the host state national benefit system.

[Jambo]

he can argue to be self sufficient without the need of sickness insurance (CSI was introduced in 2011).

CSI is part of the EEA regulations since 2006. It wasn't enforced on students (if applied) before 2011. It was enforced on self sufficient (if applied) since 2008.

In any case, you can't claim exemption unless you have applied under that category before the HO enforced CSI.

[Obie]

Well, if someone is self-Sufficient, then they are most likely not entitled to benefits, at least certain type of benefits, such as income support, disability benefits, etc.

The fact that someone has to claim benefits to support themselves, when they were previusly a worker, and left work and started claiming these benefits.

The burden of proof in Self-Sufficient cases is quite high, and it is on the person claiming such status.

One will need to show that have sufficient resources not to be a burden on the Resources on the host memberstate, and the have CSI.

As stated earlier, without knowing the full circumstances surrounding the OP's husband ceasing his employment, one cannot advice with any certainty, that the OP's wife is entitled to PR under the EEA Regulations or the Citizens Directive.

[EUsmileWEallsmile]

@Obie, OP appears to have tried and failed to get PR already (see http://www.immigrationboards.com/viewto ... ht=#775259)

[Obie]

I know she was rejected, but there are no indication the refusal was lawful.

Depending on the circumstance, the 2009 unemployment may be within the ambit of community law, in which case, she could have a valid claim to PR.

[sheraz7]

@Obie, OP appears to have tried and failed to get PR already (see http://www.immigrationboards.com/viewto ... ht=#775259)

I think that well researched finding presented by EusmileWEallsmile regarding OP's previous refusal will certainly lead to the most relevant solution. well done.

[Manimba]

After 2008, was he made redundant , or he left voluntarily? and what was he doing from 2008-2012

Tx Obie he was unemployed from dec 2008 till december 2012

[Manimba]

Well, if someone is self-Sufficient, then they are most likely not entitled to benefits, at least certain type of benefits, such as income support, disability benefits, etc.

The fact that someone has to claim benefits to support themselves, when they were previusly a worker, and left work and started claiming these benefits.

The burden of proof in Self-Sufficient cases is quite high, and it is on the person claiming such status.

One will need to show that have sufficient resources not to be a burden on the Resources on the host memberstate, and the have CSI.

As stated earlier, without knowing the full circumstances surrounding the OP's husband ceasing his employment, one cannot advice with any certainty, that the OP's wife is entitled to PR under the EEA Regulations or the Citizens Directive.

Obie thx for taking time to respond, i'm not trying to apply for PR it was refused and i re-applied for new RC which was granted, my fear is wat happens if hubby stops work, but looks from other posts he can be self-sufficient based on my income then i'll have to take out CSI if he ever gives up work.

[EUsmileWEallsmile]

@Manimba, have your questions been answered? Please feel fre to add to them if necessary.