Minimum working hours to apply for EEA2 application

[achan]

Dear all,


My wife is an EU citizen and currently have permanent job as a Teaching Assistant in a local School and working 7.5 hours every week. It is a permanent job and we have all her monthly payslips, contract letter and also a recent letter from her employer confirming her working status.

We are just wondering if we could apply for EEA2 residence permit based on her being in employment as she is working only 7.5 hours a week on a paramagnet contract? We have found that there is no earning threshold but it states " employment is a genuine and effective activity for remuneration. "

We never have taken any benefits and we are fully self sufficient as I am currently earning enough to support both of us. The school is a government school and I work for the same local government so we work for the same employer and both are working in permanent position.

Has anyone come across this issue before?

Thanks in advance and we will really appreciate any of your kind advise.

many thanks

[Davmck70]

I understand your concerns but would appreciate you take time out to read this
http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

[askmeplz82]

Well by law it may not be a problem but Home office may question and may refuse your application

When is a Union citizen/an EEA national deemed to be a worker under EU law?

It depends on a concrete assessment of the specific circumstances of each case whether a Union citizen/an EEA national, including a Danish national, is deemed to be a worker under EU law. What is crucial is whether a person has had genuine and effective employment. Accordingly, employment appearing to be a mere marginal supplement is excluded from the scope of application of the concept. It is therefore normally a condition that the relevant employment was for at least 10-12 hours a week.

According to the jurisprudence of the European Court of Justice it is normally a requirement that the applicant has been employed for a minimum of 10-12 hours per week, see judgment Kempf (C-139/85) and Megner and Scheffel (C-444/93).

In the case of Kempf the employment in question was 12 hours per week, and in the case of Megner and Scheffel the European Court of Justice has ruled that paid employment where the working hours normally do not exceed 18, 12 or even 10 hours per week do not exclude that the person is regarded a worker under the EU legislation.

In the judgment of Genc (C-14/09) the European Court of Justice established criteria for the purposes of the concrete and individual assessment of whether an employment for less than 10-12 hours per week is genuine and effective. These criteria may be the entitlement to paid leave, remuneration during illness, the duration of the employment, and a collective agreement applies to the employment. The employment in the mentioned case was 5,5 hours per week.

[Jambo]

Well by law it may not be a problem but Home office may question and may refuse your application

When is a Union citizen/an EEA national deemed to be a worker under EU law?

It depends on a concrete assessment of the specific circumstances of each case whether a Union citizen/an EEA national, including a Danish national, is deemed to be a worker under EU law. What is crucial is whether a person has had genuine and effective employment. Accordingly, employment appearing to be a mere marginal supplement is excluded from the scope of application of the concept. It is therefore normally a condition that the relevant employment was for at least 10-12 hours a week.

According to the jurisprudence of the European Court of Justice it is normally a requirement that the applicant has been employed for a minimum of 10-12 hours per week, see judgment Kempf (C-139/85) and Megner and Scheffel (C-444/93).

In the case of Kempf the employment in question was 12 hours per week, and in the case of Megner and Scheffel the European Court of Justice has ruled that paid employment where the working hours normally do not exceed 18, 12 or even 10 hours per week do not exclude that the person is regarded a worker under the EU legislation.

In the judgment of Genc (C-14/09) the European Court of Justice established criteria for the purposes of the concrete and individual assessment of whether an employment for less than 10-12 hours per week is genuine and effective. These criteria may be the entitlement to paid leave, remuneration during illness, the duration of the employment, and a collective agreement applies to the employment. The employment in the mentioned case was 5,5 hours per week.

If you are copying/quoting someone, basic courtesy is to give credits.
See http://eumovement.wordpress.com/2011/12 ... -a-worker/

[Gledow]

When my wife applied for EEA2, one of the reasons it was refused was because I was only working 7.5 hrs at the time. Here is the wording of that part of the refusal:

'...it is noted that your EEA national sponser's hours of work are detailed as 7.5 hours per week and his wage is £X per month before deductions. As you have not provided any other evidence of additional employment or other income or benefit details, it is concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the UK as a worker, as detailed under Reg 6 of the Immigration (EEA) Regs 2006.'

[achan]

Thank you everyone for your replies! I am now worried as I also thought there is a good chance that they could refuse my application as my wife is only working 7.5 hours a week. I am not sure what we could do now, she is looking for other jobs constantly and hopefully she can get something soon with more hours

[achan]

When my wife applied for EEA2, one of the reasons it was refused was because I was only working 7.5 hrs at the time. Here is the wording of that part of the refusal:

'...it is noted that your EEA national sponser's hours of work are detailed as 7.5 hours per week and his wage is £X per month before deductions. As you have not provided any other evidence of additional employment or other income or benefit details, it is concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the UK as a worker, as detailed under Reg 6 of the Immigration (EEA) Regs 2006.'

Hi Gledow,

Just wondering if you managed to reapply or appeal resolve the issue? thanks

[Gledow]

We appealed and are awaiting the decision. However, the appeal was based on the fact that the Family Permit was issued in error, which then had an affect on applying for Residence Card. The number of hours I was working at the time of application did come up at the hearing though and I argued that the number of hours was low because I was also a carer at the time and had carer's allowance to prove this. Bit of a complicated case is ours. My original thread is here: http://www.immigrationboards.com/viewtopic.php?t=117380

[allenboo]

Hello. Please can someone share opinion on this as I have had disagreement with someone over this.

For example, the eu national was self employed, paid national insurance. The tax return indicate business incomeof aabout 1600 and profit (after deduction) is 1160 for the year. Will this be classed as marginal and ineffective, being that the eu national is a domestic cleaner, putting about 16 hours of work per week, but charging on average of 3 pounds per hour for the jobs.

Look forward to hear from the experts or others with similar experience.

[kmoney500]

1.PLEASE,am about posting my EEA2 and EEA1 application but am bit confused here if my wife the EEA national employment hours will be enough for my application cox she is working 6hours aweek,
2.is it mandatory to translate my children birth certificate to english while our marriage certificate is in english

[akz]

Hello. Please can someone share opinion on this as I have had disagreement with someone over this.

For example, the eu national was self employed, paid national insurance. The tax return indicate business incomeof aabout 1600 and profit (after deduction) is 1160 for the year. Will this be classed as marginal and ineffective, being that the eu national is a domestic cleaner, putting about 16 hours of work per week, but charging on average of 3 pounds per hour for the jobs.

Look forward to hear from the experts or others with similar experience.

Hi My application for eea3 and eea4 was refused on 12 may 2015, the reason my wife as self employed earn around £55/week over the last 5 years, is very low income , and the maternity leave what she have for my son and daughter, they took it as a gap.

I am in appeal process now and in the mean time I am applying for eea2 (RC) end of the month again for my self (non eea).

will post my end result in 5 months time.
thanks
akz