If EEA PR Refused because of self-sufficiency

[Zhonor]

Hello,

I've been searching the forum to see how long a non-EEA citizen can stay in the UK once the EEA PR has been refused?

I have many doubts now after reading the caseworker guidance on self-sufficiency below:-

https://www.gov.uk/government/uploads/s ... _clean.pdf

We are claiming 5 years continuous residency as follows:-

2 years - worker (this is straightforward and the easiest category to apply under).

3 years - self-sufficiency with CSI to cover both EEA and non-EEA however I believe in the guidance note says that an EEA-spouse can qualify as self-sufficient if only the non-EEA spouse is working and have permission to work under immigration rules which I think the EEA residence card is not considered "immigration rules"? Correct me if I'm wrong.

Another point made below, I've tried searching around to see what is the maximum level of resources but can't see to find a guideline.

"When deciding if an EEA national and their family members have sufficient resources you
must first check if they exceed the maximum level of resources which a British citizen and
their family members can have before they no longer qualify for social assistance under the
UK benefit system"

We don't and have not claimed any benefits as the salary from non-EEA is enough to cover monthly expenses and we have a property together as well.

[noajthan]

Hello,

I've been searching the forum to see how long a non-EEA citizen can stay in the UK once the EEA PR has been refused?

I have many doubts now after reading the caseworker guidance on self-sufficiency below:-

https://www.gov.uk/government/uploads/s ... _clean.pdf

We are claiming 5 years continuous residency as follows:-

2 years - worker (this is straightforward and the easiest category to apply under).

3 years - self-sufficiency with CSI to cover both EEA and non-EEA however I believe in the guidance note says that an EEA-spouse can qualify as self-sufficient if only the non-EEA spouse is working and have permission to work under immigration rules which I think the EEA residence card is not considered "immigration rules"? Correct me if I'm wrong.

Another point made below, I've tried searching around to see what is the maximum level of resources but can't see to find a guideline.

"When deciding if an EEA national and their family members have sufficient resources you
must first check if they exceed the maximum level of resources which a British citizen and
their family members can have before they no longer qualify for social assistance under the
UK benefit system"

We don't and have not claimed any benefits as the salary from non-EEA is enough to cover monthly expenses and we have a property together as well.

Where did you find this? (which link or document?)

... in the guidance note says that an EEA-spouse can qualify as self-sufficient if only the non-EEA spouse is working and have permission to work under immigration rules which I think the EEA residence card is not considered "immigration rules"?

And on benefits question, you've answered your own question really.
If enjoying no benefits and all relevant parties have CSI then, hey presto, you're self-sufficient (in the context of EU migration).

[LilyLalilu]

There is no real indication on how much money is needed - it's kind of assessed on a case by case basis but as long as you did not claim any benefits and paid your way, they should accept you were self-sufficient and not refuse you.

The maximum level of resources is either £16000 in savings or there is also a weekly figure if you rely on income. It's not much and is specified online, if you google it it's one of the first hits. I looked it up a few weeks back but can't now as Im on my phone.

[Zhonor]

Hi Noajthan,

In page 23 of the below link https://www.gov.uk/government/uploads/s ... _clean.pdf

"They could also qualify as self-sufficient based on the income of their family member if this
money is available to them. For example, their non-EEA spouse may have permission to
work in the UK under the Immigration Rules and be providing financial support to the EEA
national from their income alone"

[Zhonor]

There is no real indication on how much money is needed - it's kind of assessed on a case by case basis but as long as you did not claim any benefits and paid your way, they should accept you were self-sufficient and not refuse you.

The maximum level of resources is either £16000 in savings or there is also a weekly figure if you rely on income. It's not much and is specified online, if you google it it's one of the first hits. I looked it up a few weeks back but can't now as Im on my phone.

I read somewhere on this forum that the bank statements that I should send must be either in EEA national's name or joint accounts. I have only sent mine (non-EEA) savings account as the accounts we have in my husband's name/joint accounts is used a lot over the 5 years and not for saving purposes.

[noajthan]

Hi Noajthan,

In page 23 of the below link https://www.gov.uk/government/uploads/s ... _clean.pdf

"They could also qualify as self-sufficient based on the income of their family member if this
money is available to them. For example, their non-EEA spouse may have permission to
work in the UK under the Immigration Rules and be providing financial support to the EEA
national from their income alone"

Noted.

You should find the appropriate limit to level of benefits on a benefits website (I don't know what it may be).

The source of the non-EEA national's funds for generating the self-sufficiency for both parties is an interesting question.
See this case - paras 72+
https://tribunalsdecisions.service.gov.uk/utiac/37852

Both the Regulations are the Citizens’ Directive make very clear that the right to reside of family members is dependent upon their being family members of a Union citizen who can establish a right to reside in his or her own right. Thus Article 7(2) of the Directive states that:

The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b) or (c).(Emphasis added)

73. Put another way, the right of residence of the family member is premised upon the Union citizen being able, separately, to satisfy the requirement of self-sufficiency.

74. In similar fashion the right of the family member to take employment presupposes that the Union citizen has established a right of residence in his own right.

[Richard W]

In page 23 of the below link https://www.gov.uk/government/uploads/s ... _clean.pdf

"They could also qualify as self-sufficient based on the income of their family member if this
money is available to them. For example, their non-EEA spouse may have permission to
work in the UK under the Immigration Rules and be providing financial support to the EEA
national from their income alone"

That's an easy example. The 'for example' suggests that there may be other ways the family member could have an income.

What has been found to work, and I believe I saw a legal judgement confirming it, is:
a) The sponsor starts out as a qualified person, e.g. by working.
b) The family member obtains employment.
c) The couple take out CSI for the family.
d) The sponsor stops working, and they become dependent on the family member for the sponsor to be self-sufficient.

Step (a) is essential.

Unfortunately, I have no references.

As to what is enough, the point is that the family should be ineligible for benefits by reason of their resources - which will typically be income.

[Zhonor]

Hi Richard,

The EEA national was a part time student initially and was looking for work (never registered as a jobseeker) then when it came to applying for my RC, we got the CSI as that was a requirement for students but obviously he did not continue studying as he he found a job 6 months later after we sent our RC application in 2011. Because of that I have just listed him as self-sufficient because we no longer kept any records of him being a student.

He worked for 2 years before the company revamped the organisation and started retrenching employees and he was one of them. Once we found out, we quickly got CSI to cover us both. He wanted to study but gave that thought up in the end. Before my RC, I was holding on to a post study work permit which expired in 2012.

Therefore based on your reply, we should not have a problem as he was working before he got retrenched.

[Zhonor]

Hi Noajthan,

The rules are so confusing. I thought that as long as we live without relying on benefits, have a salary that cover our monthly expenses and also own our own home means that we are economically self-sufficient.

I don't know what will happen and if I have to sell my home because I'm being forced out of the country. I've lived here for nearly 11 years.

[noajthan]

Hi Noajthan,

The rules are so confusing. I thought that as long as we live without relying on benefits, have a salary that cover our monthly expenses and also own our own home means that we are economically self-sufficient.

Yes, unfortunately it is confusing.

CSI is a definite requirement for self-sufficient persons. That requirement is permitted under EU law.

What I am not clear about is if the EEA sponsor can rely on income from the dependent s/he is sponsoring in order to be classed as a self-sufficient qualified person - and so be in a position to sponsor the dependent under EU rules (so that the dependent can work and earn that vital income for both of them).

Presumably that is why the example you quoted mentions income from employment permitted under UK Immigration Regulations;
ie legitimate work that is permitted 'independently' and therefore not relying on EU rules.

But its very clear CSI has to be in place for self-sufficient persons on the EU route.

[Zhonor]

Hi Noajthan,

Yes we have CSI to cover the 3 years of self-sufficiency period.

[sedsouza]

Hi Zhonor,

Did you get the exact process , I am in the same situation and came across you post.
The EU national worked for 2 years and then is dependent on the non-eu nationational.

Thanks
Anthony