You are subject to immigration control if:
• the Home Office says you have permission to stay in the UK (known as
leave to enter or remain) but this permission is given to you on the grounds that
you do not claim some benefits, tax credits or housing help paid by the
UK Government (known as recourse to public funds)
• you need permission to stay in the UK – again known as leave to enter
or remain – but you do not have it.
You are not subject to immigration control if:
• you are a UK national or a national of another European Economic Area (EEA) country
or Switzerland. Please see page 3 for a list of countries in the EEA
• you have been given leave to enter the UK, without restriction on your access to
public funds
• you have been given leave to stay in the UK indefinitely (including those with
discretionary or exceptional leave to stay or humanitarian protection)
• you have been given asylum or a right of abode in the UK.
So am I correct to assume that when I enter as the non-EEA spouse of an EU member that I will have been given "leave to stay in the UK indefinitely"?
I think "Subject to immigration control" is a national immigration rule concept which applies to people who are not in possession of British Passport or ILR.
EEA national and their non-EEA national family members are not subject to National immigration Laws and hence cannot be subjection to "immigration Control" a "Freedom of Movement" rights exist under EU law , which provide safeguards for these categories of people.
Open to any constructive correction.
I agree with your interpretation. I assume this is a term within the UK, and specifically in my case, the distinction is made between ILR and "free from immigration control." In order to work for a police agency, aside from any residency restrictions that are in place for all UK and non-UK citizen applicants, one must have ILR OR be free from immigration control. That is where my confusion entered...I'm not sure of my standing as the spouse of an EU member that is exercising her treaty rights.
To add one more question, would I be allowed to apply (assuming all else goes well) if she hasn't been hired by anyone yet? Is she "self-sufficient" if she isn't working or studying but not drawing from public funds? Sorry to change the tone of this thread...admins, let me know if it should be moved to a UK thread. Thanks!
