Minimum income/duration of employment for EEA 2 application?

[Mirta SF]

Hello everyone!

First of all I'm happy to inform you that my husband obtained an EEA Family Permit very smoothly, thanks to the help and advice received through this Forum! I apologize for not having written in to thank you but things got extremely hectic, even as the FP was issued with immediate start so we had to rush through our departure. We still sadly ended up wasting a month and a half out of 6.

The permit will expire on 16th December 2011, and we reached on 31st of July. We are now in London

As some of you know I stress like mad, and given the great help you provided before, I thought I'll ask advice for the next step.

I will be working as a Consultant for the International branch of my organization, just got the confirmation yesterday!
My husband has not yet found work (but we have been here just a week).
I want to apply for a Residence Card (EEA2) for him asap.

2 questions:

a) Being a consultant, I work on short term contracts which get renewed or reworked in time. Will that be an issue, if the initial contract is only few months? I am going to be working with them much longer - maybe the employer declaration suffices as proof, without need for the contract?

b) Working in the non-profit sector, the pay is not very high. What is, if any, the minimum earning I must show for my application to be successful? Me being the sponsor in the application, I am afraid they would refuse it seeing I don't earn much to sustain 2 people? We do have savings and family support and will be receiving other late payments but that is not hard evidence I guess. Or can I provide this additional info in any way?

Thank you again for your time. If I don't manage to clear my doubts I will probably contact an immigration adviser as I don't want to risk our application being rejected. I want to be as safe as possible. I even considered applying as self sufficient but I doubt our savings are enough to qualify us as that, once the Comprehensive Sickness Insurance has been cut out :S

Good day to everyone!

[86ti]

The UKBA typically expects to see one or more payslips. You do not have to send a contract. It should be sufficient if your employer either fills out page 11 of the application form or provides an employment letter. The employer can then write there how long they expect to employ you or maybe even leave that part out.

Your work must be genuine and effective. You have asked this already. There is no set limit (and legally there can't be). Eventually you would have to show that you can live off the money that you have available.

[Mirta SF]

Thank you for your reply.
What does "eventually have to show that you can live off the money you have" exactly entail? As I said, we would in practice be able to maintain ourselves, it's just Im not sure how to prove that NOW at the time of applying.

I know I have asked some questions already, I am just seeking more clarifications now that we are actually working to apply for the RC. Information keeps cropping up - for example I did read somewhere that one should be above the level that qualifies UK familes for benefits or something of the sort and was hoping to get clarity.

I am young and unexperienced in this which is why I might ask twice but I dont mean to annoy anyone. Forgive me if I did.

Thank you.

[86ti]

What you need to understand is that EEA regulations, quite often, are not just simple black and white rules. The Directive 2004/38/EC says:

4. Member States may not lay down a fixed amount which they regard as ‘sufficient resources’, but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State.

As you can see the benefit test can only be a guideline for the UKBA. In borderline case it may all be a matter of argument but the applicants may indeed be able to demonstrate that their particular circumstances do allow them to support themselves "without becoming an unreasonable burden to the state". The latter shows again that your question cannot be answered in a blanket fashion.

If you do not feel comfortable with your current financial situation you may want to choose to apply for the residence card later when you are.

[Mirta SF]

Thank you, that's a very sensible point. In that regard, my question is can I provide additional evidence about funds available to show we would not become a burden on the State? For example, can I support the application with bank statements to show savings, a solicitor's letter confirming that I would be receiving funds in the near future, income from a second job maybe etc?

Thanks so much

[86ti]

Sure you can if you want to and believe that that would help.

[Jambo]

For student visa application, the UKBA requires to show funds of £800 a month. Should give you a rough guideline what they might expect although as said, this depends on your personal circumstances.

[Mirta SF]

Thanks for that.

How far ahead would one be expected to show funds? At present I have savings for the next 6 months, after which I would eventually be earning more, not less. Also expecting old payments in a few months which should cover at least another 6 months.

They wouldn't give a shorter RC on such grounds would they?

Anyways, we'd be the ones leaving, if we were not surviving.

Thanks for your advice. I do feel since it's a case by case decision and ours is maybe not so clear cut (it seems like we are on the edge between working person/self sufficient) I might ask for help from an immigration adviser. For eg I dont know being borderline if its wiser to get Sickness Insurance or if it's not necessary.

Mirta

[Jambo]

I would not complicate the application.

Apply with one or two payslips as a worker. Your husband can look for jobs using the Family Permit. In 2-3 months when a decision would be made for his application, the HO will either grant it or ask for more info. By then, your situation might have changed. My feeling is that they will just issue the RC.
Worse case, they refuse and you apply again, your will still be legal in the UK.

[pilot]

@mirta sf

would you be so kind and share with us your expirience with getting family permit.
What document did you provide, finally?

Thank you

[Mirta SF]

Thank you Jambo. I agree with you that it would be best to keep it straightforward, just, from what I read it takes about 6 months to receive an answer and I didnt want to wait that long to then hear a NO. I want my husband to face no issues in convincing employers that he is indeed legal - though I know he is. That is also why I wanted to do it asap.

I know this will sound silly, but I also want to thank you for sharing your feeling we'll get it, as I believe in energies etc (even if that is not what you're going by here) and I too have a feeling it will work, though as you would by now know anxiety often has the best of me.

I will probably wait a bit longer and see what happens in a month or so.
One last question, the National Insurance Number Helpline told my husband he needs to apply for the RC one month ahead of the expiry of his Family permit. Is that true?

Thanks and update soon

[Mirta SF]

Pilot, we applied with the 2 passports, the form (filled with the basic information, no financial statements or anything else) the marriage certificate, a few photos from our wedding and from earlier to show that we were in fact together much longer and a letter from me stating the reason for applying.

The permit was issued in a week, we received it at VFS a few days later.

Hope that helps, good luck!

[vinny]

See also Begum (EEA – worker – jobseeker) Pakistan [2011] UKUT 00275(IAC)

[pilot]

@mirta sf

thak you very much for your answer

wish you luck with new application

[Jambo]

I will probably wait a bit longer and see what happens in a month or so.
One last question, the National Insurance Number Helpline told my husband he needs to apply for the RC one month ahead of the expiry of his Family permit. Is that true?

No. Probably got confused with "normal" visa. This is not the case for EEA permit.

EEA2 applications now take about 3-4 months for most applications so if you apply early you might get it before the FP expiry date. Anyway, after applying your husband will get a letter (CoA - Certificate of Application) which can be shown to employer (it will have another 6 months on it). This arrives about a month after the application.