Applying for Residence Card EEA2

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Applying for Residence Card EEA2

Postby Kennethmars » Fri Jul 22, 2011 1:25 pm

My wife and I are in UK under the Surinder Singh ruling as she entered on an EEA Family Permit.

She would now like to apply for a Residence Card.

Before I though that if she was working and supporting me but I was not working we could apply but according to new rules the EEA family member has to be working not the non-EU spouse.

http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf
(06/2011)
Do you have any information or experience of this?

Is it done to right of residence? if which case I, as a British Citizen already have a right of residence so should she not be granted a Residence Card irrespective of whether I am working or not?

I will be a student in September but as I have no income I cannot apply as a student unless I get a part time job which I believe would be sufficient to apply for the Residence Card where as my wife who is working full time is not?
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Hi

Postby nonspecifics » Fri Jul 22, 2011 1:50 pm

You are applying under EU Directive 2004/38 route as the resident of an EEA country ( NOT as a UK citizen).

So you need to meet the conditions of the EU route.

The point you raise is a good one and has been argued over at a lot of tribunals.

Basically, they have come to the conclusion.

1. you the EEA national - if you are not economically active such as self-sufficient or a student, then you have to be able to financially support the family members you sponsor and have CSI for EEA and family members.

2. Then, if you met those conditions, the non-EEA THEN has the right to work, cos you are exercising Treaty Rights.

That must be the order of things.

The UKBA and Immigration judges say if the conditions listed in 1 have not been met, then 2 does not apply.

Thus, any work and any earnings by the non-EEA are unlawful and disregarded as proof of self-sufficiency.

So, if the EEA national is relying on unlawfully obtained funds for proof they are exercising Treaty Rights as self-sufficient, then UKBA will reject any application for Residence cards or PR.

I also explain that here:
http://www.immigrationboards.com/viewtopic.php?t=82914


Personally, I don't see what practical difference it makes, if you aren't using public funds, but that's the UKBA and immigration judges for you.

UK citizens do not require a residence card as they automatically have all the rights to enter UK, work etc. A residence card would serve no practical purpose.

My personal opinion is you will not meet the criteria for Treaty Rights so they will reject the non-EEA's residence card application and try to cause you problems, so tell UKBA nothing and do not apply UNTIL you have sorted out your situation. Simplest way is get a job for at least the time while applying for the Residence card for your non-EEA spouse.

If you aren't working again, five years down the line when you apply for her PR, then the same situation will arise.

Maybe another option is keep your heads down and stay as you are, but the lack of a residence card could make it hard for your non-EEA to return to the UK if she ever goes abroad and possibly problems in proving right to work etc. But that needs further thought.
Last edited by nonspecifics on Fri Jul 22, 2011 4:10 pm, edited 3 times in total.
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Postby Jambo » Fri Jul 22, 2011 1:52 pm

There is a criteria of Economically self-sufficient which means that you have even funds to support yourself either from savings/family support or from your partner employment. See section 8 in the application form.

If you apply under this criteria, the UKBA expect you to have Comprehensive Sickness Insurance and not to be a burden on the NHS. Not sure how this applies in Surinder Singh cases as you are entitled NHS treatments by being British.

Similar rules apply when you are student.
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ee2

Postby vikYALL » Fri Jul 22, 2011 10:09 pm

hi,
i m on EEA permit and living in uk with my EU national spouse,she IS not working as shes pragnent but i m working full time,can i still apply for eea2 or do we both have to show that we both are working,if yes then for how long cos we are only in uk since may nearly 3 months.and plz do let me know the list of documents which i need to attach with the eea2 application.at the moment i m so confused and i would appreciate if anyone can give me gud advise.
thx.
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EEA2: is EEA national exercising Treaty Rights?

Postby nonspecifics » Sat Jul 23, 2011 12:22 am

The first 90 days of initial residence, you don't need to prove anything.

For continued right of residence, after 90 days, the EEA national will be expected to prove they are exercising Treaty Rights if they have any dealings with UKBA.

SEE MY POST ABOVE.

Unless the EEA national is employed and on maternity leave, then she will probably not be exercising Treaty Rights as a worker.

If she was registered with the JobcentrePlus as a jobseeker (without claiming means tested jobseekers allowance), and kept proof she is looking for work then she could be exercising Treaty Rights as jobseekers, temporarily unemployed for up to six months are still counted as a worker and you won't need CSI.

Voluntarily unemployed is not exercising Treaty Rights.

If the EEA national cannot prove they are exercising Treaty Rights in some form the UKBA will almost certainly reject an EEA2 application saying you have not proved the EEA national is exercising Treaty Rights.

The EEA2 residence card is not compulsory.

I would not apply for one unless you are fairly sure the EEA national is exercising Treaty Rights.
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