Work requirement EEA Family Permit?

[edwink]

Could anyone tell me if the work requirement for the EEA (or actually the requirement to exercise treaty rights), means that you need to have work in the UK itself? In other words, would it be acceptable to live in the UK, and work in another European Union country for let's say 3-4 days a week?

I am a Dutch citizen and considering to move to the UK and bring my non-EU partner over to the UK. However, I do not have a job in the UK at the moment, and I think it will be difficult to get one in my field now. So for the time being it would be an idea to just fly between the UK and NL every week, for some months (my job is kind of flexible...).

If this does not work, is there another strategy you can advise me?


Regards,
Edwin

[Ben]

Hi edwink,

You are perfectly entitled to do this.

The Treaty right which you would be exercising in the UK would be self-sufficiency.

You have the right to reside in the UK for a period exceeding three months, providing that you are able to support yourself, and your family members, from your own means and without becoming a burden on public funds.

One question, have you been with your partner for at least two years, in a durable relationship akin to a marriage? If you have, then the UK would be required to facilitate entry and residence for your partner in the UK. Your partner, as a member of your family resident with you in the UK, would have the same rights in the UK as you do. That is, they are entitled to seek employment, open a business, or study.

If you've been together less than two years - prepare for a fight.

[edwink]

Thanks for your help, but let me explain my the situation a bit better:
We are currently not married and do not live together in the same country. I live in NL, she lives in the USA. We are planning to get married in a few months (before we would like to go to the UK). So, I assume our relationship status will not cause a problem.

What I am worried about is the following: I want to get someone to the UK based on me living in the UK and my self-sufficiency... however this self-sufficiency can only exist by me NOT being present in the UK (quite a contradiction). In the end I would be 3 to 4 days a week in the UK, but I can imagine it would still create a problem.


Kind regards,
Edwin

[clogman01]

I'm purely guessing, but I think you'll be ok as long as you can demonstrate that your ordinary place of residence is the UK, e.g. with kids at school, memebership of sports clubs, utility bills.

Another thing to consider are the tax implications - if you spend too much time in the other country then you may possibly be considered a tax resident there.

I haven't seen too many posts on residence cards being granted with self-sufficiency of the sponsor, and wonder if they would consider a job abroad as sufficiently secure to grant a 5-year residence card, as hypothetically you could lose that job tomorrow.

Anyway good luck

[Richard66]

No difference: they can only require that you be self-sufficient at the moment of application.