EEA2 Surinder Singh and no employment

[mannysingh]

Hi All

Greetings!!

I am a non-eu national married to British national and I got my EEA family permit 2 months ago after we both lived and work in other EEA state. now i have already applied for the EEA2 residence card, although we both are unemployed at the moment. We both have applied for jobs but no luck as yet.

I have 3 questions for the group members here.

My first question to the members here is:- do i have to be economically active to live here in the UK and get my EEA2 residence card as it will take around 6 months time to be processed.

OR

As according to the EIND judgemnt, as british national do not have to be economically active at all, can my status as non - eu national would be the same.

Second question is, can we both claim any benefits or we should just avoid it for the next 5 years for my EEA4 application. does the benefits taken by me and my wife will effect my EEA2 and EEA4 application.

Third question is about self sufficient category, we both have EHIC cards issued by other member state, can we use that for next 5 years or we have to buy the comprehensive sick insurance and how much savings we have to show to prove our self sufficiency.

Waiting for your kind suggestions.

Thanks

[Obie]

Not sure one can add anything to your question, as Eind pretty much provide an affirmative answer to all the questions you have asked, and you pretty much know about Eind already.

[mannysingh]

Thanks for your reply.

I know about Eind but it says about uk national only that they do not need to be economically active and I want to know about non eu spouse here please.

Can any of us claim any benefits and if we do will it affect my application.

Thanks

[Directive/2004/38/EC]

There is never a requirement that the non-EU spouse do anything specific, other than to be married to the EU citizen. They do not have to have money or a job.

[mannysingh]

Thanks a lot for your reply.

So does it mean that after the completion of 5 years on EEA2, when we will fill EEA4 , we do not have to give information about our (Both British and Non-EU spouse) economic activity in the last 5 years. Am I right?

and in those 5 years, can we both claim any benefits? if yes which ones we can and which we can not?if we both claim some benefits then will it effect EEA2 or EEA4 application?

Thanks in advance.

[PrestonLancs]

There is never a requirement that the non-EU spouse do anything specific, other than to be married to the EU citizen. They do not have to have money or a job.

[Directive/2004/38/EC]

I am not even sure I fully understand the benefit of PR when done through the Singh route compared to the initial 5 year residence.

In neither case does the EU (UK!) citizen need to be working.

I am not sure about restrictions on public assistance in the initial 5 year period. I would be interested in anything you find out. You could in any case challenge any restrictions, though such challenges take a long time

[gozo1]

There are no penalties to receiving state assistance if you are residing in the UK under EU law.

[Obie]

There are no penalties to receiving state assistance if you are residing in the UK under EU law.

I believe gozo1 is right on that one.

[mannysingh]

Hello All

I have gone through Eea4 form and it asks for the benefits you/your sponsor have received but this section is not for the surinder Singh category.

So does it mean if you are in Uk as the spouse of just Eea national then you can not claim any benefits but if you are in Uk under surinder Singh then you can.my understanding of the form suggests the same.

Need experienced board members suggestions.

Thanks

[PrestonLancs]

If there are problems with claiming benefits under Springer Singh, then I guess Balwinder Singh could help. I know him personally. He is a decent guy.

[gozo1]

If there are problems with claiming benefits under Springer Singh, then I guess Balwinder Singh could help. I know him personally. He is a decent guy.

Mate, you are having a nightmare!

[mannysingh]

For this Prestonlancs.

Yeah sure if you know somebody ,which I doubt, who can help about it then share with us.