Self-sufficiency

[jsmith1]

Hello

Can a person who is claiming to be self-sufficient for some or all of the 5 years have more than one source of (external) financial support? My wife has been supported by her father in Germany at times during her 5 year period when her self-employment earnings were low. He will write a letter to this effect to include with her application.

Is it worth also mentioning my support? We have been living together since 2011, so virtually the whole relevant 5 years, during which I have been paying the vast majority of living costs and can prove my earnings with P60s. I am British and employed. Would this, however, then rule out applying online (the notes at https://visas-immigration.service.gov.uk/product/eea-pr say ‘Some applicants cannot currently use the online form. Apply using the EEA (PR) paper form if you are: a student or self-sufficient person who is financially responsible for any other family members or is reliant on a family member for financial support’). This latter part I've emphasised suggests a paper application would be necessary...

Thanks
J

PS – she does have CSI proof in the form of an EHIC and a letter from her German health insurance company to say she has been covered for the whole time.

[ww3456]

I read the same section and wondered this myself. In the end I started down the online application route as it is simpler and never encountered anything that seemed to be a blocker so have submitted the online form including a covering letter from me saying that I am supporting my wife and enclosed my P60s. This was only two weeks ago so it is too early to know if this is acceptable or not.

If you've not already seen it there is a section on "Source of funds for self sufficiency" that might be useful at https://www.freemovement.org.uk/positio ... ng-brexit/

[tmonaghan]

THE DECISIONS OF THE CJEU TAKE PRECEDENCE OVER NATIONAL JUDGMENTS AND MUST BE FOLLOWED IN SO FAR AS THE MATTER IS ONE WITHIN THE SCOPE OF EU LAW. THE NATIONAL COURTS ARE THEREFORE BOUND BY THE INTERPRETATION OF THE COURT. THE SAME IS TRUE FOR OTHER PUBLIC AUTHORITIES.

Supported Case Law - EC Case Law C-408/03 has the aim to demonstrate that although Self-Sufficient Nationals need to prove that they have the necessary resources to avoid becoming a burden on social assistance system of that state during the period of residence; The Court observed that, under the very terms of the Directive, it is sufficient for the nationals of Member States to “have” the necessary resources and that this provision lays down no requirement whatsoever as to their “origin”. (para 40) and that the necessary financial resources can be provided by a family member and that the family member could be a citizen of the host Member State (para 42, 51).

However that being said the Self-Sufficient person must have had a CSI otherwise that person would have not resided lawfully in the Host Member state.

[jsmith1]

Thanks to both for replying