EEA2 Income based?

[LAROCCAMOM]

Is there a minimum amount of money that I should be getting paid in order to sponsor my husband for his EEA2?
In other words, must I be hired full-time or part-time, or it doesn't matter as long as I am working and exercising my treaty rights in the UK?
If I were to start working next Monday how soon can I send his application?

Thank you

[nonspecifics]

From this website:

http://www.housing-rights.info/EEA-work ... loyed.html

it advises:

"Who is a 'worker' and what counts as 'genuine' work?

To qualify as a worker the work that you do must be:

'Genuine and effective': there must be a real job. Even if there is no contract, there must be an employer and wages or the equivalent in goods or services must be paid. Family or friendly arrangements with no contract or regular hours, or those that do not pay a minimum wage may be regarded as not genuine or effective.


Not 'marginal or ancillary'. Where hours and earnings are very low indeed, the work may be marginal, but part-time employment will not be marginal if the hours are at least ten per week or the earnings are significant.

You should not be denied worker status just because your earnings are so low that they need to be supplemented by benefits (e.g. tax credits and/or housing benefit). A number of factors should be considered before deciding that the work that you do is marginal or not effective or genuine. These include:

the period of employment
the number of hours worked
the level of earnings
whether the work is regular or erratic.

These factors must be considered as a whole and the absence or presence of one cannot be considered as being conclusive."


-----------

My opinion is that you can send the application in as soon as you have conclusive evidence you are a worker as detailed above.

Examples of evidence would be: Contract of employment, letter from employer, payslips and bank statements showing bank credits into your account from the employer ( proof your wages from the employer are being paid into your bank account.)

[LAROCCAMOM]

That's exactly what I thought, but needed to be sure of it

Thank you for your help.

[Directive/2004/38/EC]

I could not "hire" you and pay you 1p per day. That is not "real and effective".

But you can likely work one day a week at McDonalds and qualify!

[LAROCCAMOM]

I am filling the aplication out for my husband and on page 17 it asks for evidence of comprehensive sickness insurance or EHIC. What is that and does he need it in order to apply/qualify?

It also asks for evidence of dependency, ie, children, grandchildren and direct relatives. Does this apply to my husband? I ask because it asks for bank funds to show that I have sufficient funds, but I just strated working 3 weeks ago.

Help?

Also, I am applying for the EEA1 at the same time. Do I have to include our Italian children as well with my application or can I apply for them at a later time?

Thank you..

[LAROCCAMOM]

By the way, if we were to go on holidays this December and my husband has not received his RC yet, can he travel back on his COA (hopefully received by then)?
We are planning on going to Paris from Christmas until New year but his FP expires 24/12/2011.

Does anyone know?

Thank you.

[Jambo]

I am filling the aplication out for my husband and on page 17 it asks for evidence of comprehensive sickness insurance or EHIC. What is that and does he need it in order to apply/qualify?

This only applies if EEA is exercising treaty rights as a student or self sufficient. As you apply as a worker, this is not needed.

By the way, if we were to go on holidays this December and my husband has not received his RC yet, can he travel back on his COA (hopefully received by then)?

Are you taking the train back? You should not have problems with the UK authorities travelling with CoA (and if you are travelling together should be even easier). Not sure about the French authorities, airline staff when travelling back. If you travel by train, you should be fine as it is UK immigrations you go thorough in Paris.

[LAROCCAMOM]

Thank you!
Yes, we will the train both ways.

[Directive/2004/38/EC]

If you do not have the RC yet, be sure to look over http://eumovement.wordpress.com/2010/08 ... to-travel/ and travel with your marriage certificate

[LAROCCAMOM]

Thank you directive.
Now, should I include my children with my application or can I do theirs at a later time?

Thank you again!

[Jambo]

If your children have EEA passports, there isn't any real value of getting a Registration Certificate for them. I would not bother applying.

[Directive/2004/38/EC]

I agree. I do not think there is really any value in bothering with UK administrative confirmation for EU citizens unless you need some official proof that they are resident in the UK for non-UK purposes.

[euftw]

...
Examples of evidence would be: Contract of employment, letter from employer, payslips and bank statements showing bank credits into your account from the employer ( proof your wages from the employer are being paid into your bank account.)

Regarding that contract, would it be a problem if the contract that the EEA-citizen has is from a company located outside the UK?
And would that (international) contract have to be translated or would bankstatements showing transfered wages (from the foreign companies' bankaccount to the EEA citizen's bank account) be sufficient evidence that the EEA-citizen is a "worker"?
Or would the EEA-citizen with a foreign jobcontract be "self-sufficient" or "self-employed" instead of "worker"?

[Directive/2004/38/EC]

...
Examples of evidence would be: Contract of employment, letter from employer, payslips and bank statements showing bank credits into your account from the employer ( proof your wages from the employer are being paid into your bank account.)

Regarding that contract, would it be a problem if the contract that the EEA-citizen has is from a company located outside the UK?
And would that (international) contract have to be translated or would bankstatements showing transfered wages (from the foreign companies' bankaccount to the EEA citizen's bank account) be sufficient evidence that the EEA-citizen is a "worker"?
Or would the EEA-citizen with a foreign jobcontract be "self-sufficient" or "self-employed" instead of "worker"?

You are a worker if you are working for somebody as an employee. Typically that is somebody local.

Self employed people often have multiple people they do work for. Some definitions of this is when you do not have a boss, but instead have clients. So if you were doing freelance translation work for a number of different firms in or out of the UK, then I would think you are self-employed.

You can also be employed somewhere else and but doing the work in the UK. Not clear exactly which category this would be.

[euftw]

...
Examples of evidence would be: Contract of employment, letter from employer, payslips and bank statements showing bank credits into your account from the employer ( proof your wages from the employer are being paid into your bank account.)

Regarding that contract, would it be a problem if the contract that the EEA-citizen has is from a company located outside the UK?
And would that (international) contract have to be translated or would bankstatements showing transfered wages (from the foreign companies' bankaccount to the EEA citizen's bank account) be sufficient evidence that the EEA-citizen is a "worker"?
Or would the EEA-citizen with a foreign jobcontract be "self-sufficient" or "self-employed" instead of "worker"?

You are a worker if you are working for somebody as an employee. Typically that is somebody local.

Self employed people often have multiple people they do work for. Some definitions of this is when you do not have a boss, but instead have clients. So if you were doing freelance translation work for a number of different firms in or out of the UK, then I would think you are self-employed.

You can also be employed somewhere else and but doing the work in the UK. Not clear exactly which category this would be.

The company is even located outside the EU in this case.

I would guess that more returning expats (with non-EU spouses) that are doing the EU-route are in the same situation, but I could not find examples using the search function.

thanks.

[Directive/2004/38/EC]

But what will you be doing for them? Working as an employee or doing contract work?

[euftw]

The contract still has to be written up.
I am still just exploring my possibilities to enter the UK as a EEA "worker" whereby I don't have to go looking for a job to be able to stay in the UK via treaty rights (and be a "jobseeker" which seems more troublesome than obtaining a foreign contract).

[Directive/2004/38/EC]

As long as you have some money, you can also be there as "self sufficient".

[euftw]

That's certainly an option for us.

But will the needed CSI then be a problem? I read some people's private health insurance got rejected by the UKBA on the grounds that it wasn't comprehensive (which seems to be practically unobtainable anyway).
Also, I haven't been able to find the specific amount that will satisfy the UKBA to grant the EEA national self-sufficient status. (I am also wondering if that amount has to be in a local UK bankaccount.)

Those uncertainties are actually the reason I asked my initial question, since acquiring a foreign contract won't be that hard for me.

[Directive/2004/38/EC]

CSI should be doable. Lots of people do it.

But being self employed or doing work is also doable.

You are both in the UK now? What are you and he presently doing?

[euftw]

No, we are living outside the UK. We are exploring how best to return to Europe together. (I sent you a pm., hope that's ok)

[euftw]

here's my update...

It seems getting a family permit for my non-eu wife before flying to England together is the way to go (instead of relying on her visa-free entry as a tourist).

After arriving in England I, as the EEA citizen, will register at a jobcentre and with that registration exercise my treaty right as a jobseeker at the UKBA (=eea1). That way we can skip the whole "comprehensive" csi issue because jobseekers seem not to have to prove csi.

so our plan is:
-get family permit for my non-eu spouse
-fly to england together, check into hotel
-find a place to rent and put both our names on the contract
-go to council to pay counciltax and get receipt
-register at GP with proof of address
-get bank account with proof of address
-register at jobcentre to become a jobseeker
-send eea1 form with proof of being jobseeker to UKBA
-if we decide to say in England we can then also submit eea2 for my wife (within 6 months)

I'm not sure if we will be able to rent a place if we haven't already got a bankaccount.
Maybe that's less of a problem if we rent privately instead of through an agency?

[Directive/2004/38/EC]

euftw,

What are you concerned about that prompts you to have such detailed plans for your arrival in the UK?

What kind of work will you be looking for?

[euftw]

I am concerned about smoothly getting through the process of settling in England (in the simplest way possible).

It seems to me that registering as a EEA-jobseeker requires the least amount of supporting documents to get my "exercising treaty rights" status in England. I could alternatively try to apply EEA1 as "self-sufficient", but then i would have to prove sufficient income (unclear wether abroad Euro savings will be accepted) plus CSI (which according to this thread can also raise problems).

I will be registering as software engineer at the jobcentre (if jobseeker will be the way to go).

Actually, your question kind of baffles me. Wouldn't you plan moving to a foreign country very carefully? Especially since immigration laws are so tight nowadays. I have read many horror stories on this forum and others where things went wrong, even with good planning.

[Directive/2004/38/EC]

If I were you I would focus my energies on getting a job in the UK instead of spending too much time proving you are trying to find a job. If you are a good software person, you should have no trouble finding a job. Start talking to agencies NOW before you even get to the UK.