Is 26 hours eea national

[Phone]

My french wife working 26 hours a week, is it enough for my permant residency..in 2020...

Thanks.

[Richard W]

Yes. Case law says 11 hours a week is enough - the case of a music teacher in the Netherlands.

[secret.simon]

Case law says 11 hours a week is enough - the case of a music teacher in the Netherlands.

Could you give the name of the case and the court that decided it (presumably the ECJ, but always best to spell it out)?

In the UK, the EEA citizen spouse is expected to earn more than the threshold for paying Class 1 National Insurance contributions, currently £162 per week. Your EEA citizen spouse would be earning more than that if she works more than 24 hours a week, so you should be fine.

[secret.simon]

Case law says 11 hours a week is enough - the case of a music teacher in the Netherlands.

I think I have located the case you refer to (R. H. Kempf v Staatssecretaris van Justitie). Note that in that case, the Netherlands authorities accepted the applicant was a "genuine and effective" worker, but argued that the fact that he supplemented his income from benefits meant that he did not qualify as exercising treaty rights.

However, the question as to how much earnings qualifies as "genuine and effective" work has not, to the best of my knowledge, been spelt out by EU law.

[Richard W]

Case law says 11 hours a week is enough - the case of a music teacher in the Netherlands.

Could you give the name of the case and the court that decided it (presumably the ECJ, but always best to spell it out)?

I thought you were the googling expert! Following my leads, I also found the case.

In the UK, the EEA citizen spouse is expected to earn more than the threshold for paying Class 1 National Insurance contributions, currently £162 per week. Your EEA citizen spouse would be earning more than that if she works more than 24 hours a week, so you should be fine.

I believe that is the wrong way of looking at the guidance. The guidance is that if the earnings exceed that threshold, then the person should be accepted as a worker. Otherwise, the case worker must assess whether the work is “genuine and effective” rather than “purely marginal and ancillary”.

The pay threshold for 'marginal' is quite low, as well. There's an assembly of cases probing the limits at the thread Self-employed EEA Nationals Earning below MET or Min Wage.

[sandy1988]

secret simon bro i think 16 to 20 hours are enough as long as the work is genuine and effevtive thats what they consider my apllication but for safe side try your best to be at least 24 hour