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EEA national self sufficient: UKBA response

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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nemerkh
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Post by nemerkh » Mon Dec 16, 2013 6:29 pm

I still cant see how this fots on the eea1/2 application. They want the current status. Like in my (noneu) and wifes situation, we have been here for 6 yrs. we are reapplying for eea1/2 5 yrs extension. My wife was self employed and stopped like a year a go then later on we got the CSI and because we failed the PR we r reapplying for eeas now. On the application form and guidance there is no mention of previous employment or self employment. They want your current status and evidence of the sipporting noneu family member ie payslips and employment stuff. Hence this would be a monkey buisness if that's the case.

sheraz7
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Post by sheraz7 » Mon Dec 16, 2013 7:11 pm

Do not be confused from the UKBA team reply which has actually been taken from Guidance - Bulgarian and Romanian casework - yellow registration certificate - version 3.0 (page 35-37).

For other EEA national refer the following guideline and read carefully the Assessing sufficient resources (page 31-33)
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nemerkh
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Post by nemerkh » Mon Dec 16, 2013 8:27 pm

sheraz7 wrote:Do not be confused from the UKBA team reply which has actually been taken from Guidance - Bulgarian and Romanian casework - yellow registration certificate - version 3.0 (page 35-37).

For other EEA national refer the following guideline and read carefully the Assessing sufficient resources (page 31-33)
Thanks respected guru!! Thats a really nice guidance and it clarifies the resources bit. Obviously after reading it carefully its a pretty straight forward thingy.
However this guidance has no mention of the priciple debate of this thread amd topic. Its the debate of egg/chicken that the eu natiknal should have been working and then supported by te family memeber ie noneu. It was the reply from the home office that is strikingly confusing and worrying. I dunno whether its only for bulg/romas but this really leaves room for the home office to play around and be selective on their judgement.

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Post by Jambo » Mon Dec 16, 2013 8:38 pm

nemerkh wrote:
sheraz7 wrote:Its the debate of egg/chicken that the eu natiknal should have been working and then supported by te family memeber ie noneu.
The EEA national doesn't need to be working. It is just that he needs to have some resources (savings for example) initially. He can't totally rely on the non EEA income from day 1 (if the only reason the non EEA can work is because of the EEA self sufficiency status).
As most people moving to a new country would have some sort of savings, this is more an academic discussion than a real problem.
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askmeplz82
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Post by askmeplz82 » Mon Dec 16, 2013 8:56 pm

Jambo wrote:
nemerkh wrote:
sheraz7 wrote:Its the debate of egg/chicken that the eu natiknal should have been working and then supported by te family memeber ie noneu.
The EEA national doesn't need to be working. It is just that he needs to have some resources (savings for example) initially. He can't totally rely on the non EEA income from day 1 (if the only reason the non EEA can work is because of the EEA self sufficiency status).
As most people moving to a new country would have some sort of savings, this is more an academic discussion than a real problem.

Exactly nemerkh you can easily argue this with UKBA caseworker

the problem we have here is we can never tell how Home office caseworker look at an application

- in one case where EEA national never worked from day 1 and never had even insurance and they are issued PR ( EEA was dependent on NON EU )

- In another case Home office refused EEA national Self sufficient. her case everything was ok but because that person rarely used the Bank account they refused saying account is not active

- another case refused because couple never had joint account ( it's not a requirement even ) although joint Council Tax, joint utility bills and even joint rental agreement

see the problem is caseworker will find so many excuses just to refuse.
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Post by Obie » Mon Dec 16, 2013 9:21 pm

Essentially the Home Office is seeking to construct argument based on.

ER and Others (EU national; self-sufficiency ; illegal employment) Ireland [2006] UKAIT 00096

and

W (China) & Anor v Secretary of State for the Home Department [2006] EWCA Civ 1494 (09 November 2006)

MA & Others (EU national; self-sufficiency; lawful employment) Bangladesh [2006] UKAIT 00090

The UKBA may well be justified, but it is to be tested.

It follows from those judgement, that there might be a scope for the view they have taken.
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Post by Universal soldier » Tue Dec 17, 2013 12:00 pm

Jambo wrote: The EEA national doesn't need to be working. It is just that he needs to have some resources (savings for example) initially. He can't totally rely on the non EEA income from day 1 (if the only reason the non EEA can work is because of the EEA self sufficiency status).
As most people moving to a new country would have some sort of savings, this is more an academic discussion than a real problem.
But if the EU national has genuinely access to non-EU national funds then obviously EU national will always have some resources (saving) to show and be self sufficient. Is not it?

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Post by askmeplz82 » Tue Dec 17, 2013 12:29 pm

Universal soldier wrote:
Jambo wrote: The EEA national doesn't need to be working. It is just that he needs to have some resources (savings for example) initially. He can't totally rely on the non EEA income from day 1 (if the only reason the non EEA can work is because of the EEA self sufficiency status).
As most people moving to a new country would have some sort of savings, this is more an academic discussion than a real problem.
But if the EU national has genuinely access to non-EU national funds then obviously EU national will always have some resources (saving) to show and be self sufficient. Is not it?

No one disagree with that. It's just source of funds. If it's from legal income before EEA national become self sufficient then of course it's valid.

- Either NON EU national have enough savings from the past employment when EEA national was exercising treaty right either as working, job seeking or even self employed

- or he/she was on different immigration category that allowed him/her to work


if we look at W(China) and X(China) : they arrived from Holland and worked illegally in the UK so fund was illegal

Chen, who had resources originating in China which made her, and thereby the child, self-sufficient in the UK
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Post by Universal soldier » Tue Dec 17, 2013 12:57 pm

askmeplz82 wrote:
Universal soldier wrote:
Jambo wrote: The EEA national doesn't need to be working. It is just that he needs to have some resources (savings for example) initially. He can't totally rely on the non EEA income from day 1 (if the only reason the non EEA can work is because of the EEA self sufficiency status).
As most people moving to a new country would have some sort of savings, this is more an academic discussion than a real problem.
But if the EU national has genuinely access to non-EU national funds then obviously EU national will always have some resources (saving) to show and be self sufficient. Is not it?

No one disagree with that. It's just source of funds. If it's from legal income before EEA national become self sufficient then of course it's valid.
how about for example at the time of EEA2 RC the non-eu national was on tier 1 visa which allow working and EU national was self sufficient on the basis of those legal funds from non-EU national employment. Then non-eu national got EEA2 RC and his tier 1 visa expired but carrying on employment with EEA2 RC. But all 5 years spent afterwards that EU national get support from non-eu national employment funds who is now on EEA2 RC. Then in this case initially the EU national was self sufficient on legal funds when non-eu national has legal visa under immigration rules.

nemerkh
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Re: EEA national self sufficient: UKBA response

Post by nemerkh » Sat Dec 28, 2013 5:29 pm

Well worries are half over. Got my RC for an extended 5 yrs. application sent on 1/11/13.

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Re: EEA national self sufficient: UKBA response

Post by Universal soldier » Sat Dec 28, 2013 6:00 pm

@Nemerkh
Congratulations! just for information, can you tell us that roughly how much the end balance was which work out your self sufficiency. Give us a little clue about that if you not mind.

nemerkh
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Re: EEA national self sufficient: UKBA response

Post by nemerkh » Sat Dec 28, 2013 10:46 pm

Well this topic scares self sufficient applicants a bit. We have been here for over 6 yrs initially stayed on eea2 as a family member of a self employed eu citizen. Failed our permanent due to lack of evidence if self employment. S we swiftly got a CSI and applied for another eea2.
In the cover letter we didn't mention anything abt the self employment. So we simply said it as it is. Am fully employed. We got a joint bank account with my eu spouse, we provided axa csi, and told them we would like to extend another 5 yrs via eea2 and we got it.

Now according to the topic in this thread, it says that the eu spouse is supposed to have had some money in their aavings or funds from previous employment. The Gurus were right in a way however looks like my caseworker ignored the past before the self sufficiency status and was happy with our circumstances.

Am still a bit shaken by the UKBA reply on this thread which gives then total control of the decision they ought to make and ill be thinking twice before applying again for the PR. as for now and for eea2 this seems satisfactory. I should say i wasnt expecting this before the new year.

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Re: EEA national self sufficient: UKBA response

Post by askmeplz82 » Sun Dec 29, 2013 9:45 pm

Congrat.. now you can enjoy new year properly
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Raj5
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Re:

Post by Raj5 » Thu Mar 20, 2014 9:31 am

Obie wrote:UKBA will need to be showed the source of the Self-Sufficiency.

If it came from a non- EEA national without a right of residence, that may be considered illegal.
Is there any specific amount which can be considered as having sufficient resources?

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Re:

Post by Raj5 » Wed May 07, 2014 8:59 am

sheraz7 wrote:I believe the UKBA team has given the reply based on the Romanian and Bulgarian nationals who and their family members are under restriction for employment purposes.
I do not think doing employment/self employment is always necessary because an EEA national can still become self sufficient even on the savings/accumulated funds of non-EU family members and for that purposes its access for EU national must be demonstrated.

If you are economically self-sufficient:
you need to supply evidence of comprehensive
sickness insurance for yourself and any family members included in your application. You Guidance for Making an EEA Application (Version 08/2013) - Page 3 of 8
also need to supply evidence of funds sufficient to maintain yourself and any family members
included in your application during the time you intend to reside on this basis. These funds can
come from the employment or self-employment of any of your family members legally working
and residing in the UK with you.
Documentary evidence of their employment or funds should
be supplied.
My friend's application for a residence card on the basis of having sufficient resources got refused. He is married to an EU national working legally in the UK and have child from the EU national. They had more than £10,000 in their account and my friend had £20,000 in his separate account. They also had comprehensive sickness insurance.The Home Office refused on the ground that they should have had £35,000 in their account. Hard to understand how the Home Office could arrive at such a figure.

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Re: Re:

Post by ice_breaker » Wed May 07, 2014 11:11 am

Raj5 wrote:
sheraz7 wrote:I believe the UKBA team has given the reply based on the Romanian and Bulgarian nationals who and their family members are under restriction for employment purposes.
I do not think doing employment/self employment is always necessary because an EEA national can still become self sufficient even on the savings/accumulated funds of non-EU family members and for that purposes its access for EU national must be demonstrated.

If you are economically self-sufficient:
you need to supply evidence of comprehensive
sickness insurance for yourself and any family members included in your application. You Guidance for Making an EEA Application (Version 08/2013) - Page 3 of 8
also need to supply evidence of funds sufficient to maintain yourself and any family members
included in your application during the time you intend to reside on this basis. These funds can
come from the employment or self-employment of any of your family members legally working
and residing in the UK with you.
Documentary evidence of their employment or funds should
be supplied.
My friend's application for a residence card on the basis of having sufficient resources got refused. He is married to an EU national working legally in the UK and have child from the EU national. They had more than £10,000 in their account and my friend had £20,000 in his separate account. They also had comprehensive sickness insurance.The Home Office refused on the ground that they should have had £35,000 in their account. Hard to understand how the Home Office could arrive at such a figure.
I dont know what are their calculations in terms of self sufficient, We got our EEA1 and 2 in less than 2 months including xmas holidays. We submitted,

1. EEA national 6 month Norwegian Bank statement stamped (regular account) this account had been closed so no closing amount.
2. EEA national 2 months saving account (print off from online banking) NO stamp. Closing amount 8k, Oanda conversion attached.
3. NoN EEA national 6 months Saudi Bank statement (stamped) closing amount 4k.. Oanda conversion attached
4. Non EEA national letter from TSB Bank savings account confirming amount on their letter head (signed and stamped) closing amount 3500
5. Joint account on TSB, letter from TSB Bank current account confirming amount on their letter head (signed and stamped) closing amount 3800

sheraz7
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Re: Re:

Post by sheraz7 » Wed May 07, 2014 1:14 pm

Raj5 wrote:
sheraz7 wrote:I believe the UKBA team has given the reply based on the Romanian and Bulgarian nationals who and their family members are under restriction for employment purposes.
I do not think doing employment/self employment is always necessary because an EEA national can still become self sufficient even on the savings/accumulated funds of non-EU family members and for that purposes its access for EU national must be demonstrated.

If you are economically self-sufficient:
you need to supply evidence of comprehensive
sickness insurance for yourself and any family members included in your application. You Guidance for Making an EEA Application (Version 08/2013) - Page 3 of 8
also need to supply evidence of funds sufficient to maintain yourself and any family members
included in your application during the time you intend to reside on this basis. These funds can
come from the employment or self-employment of any of your family members legally working
and residing in the UK with you.
Documentary evidence of their employment or funds should
be supplied.
My friend's application for a residence card on the basis of having sufficient resources got refused. He is married to an EU national working legally in the UK and have child from the EU national. They had more than £10,000 in their account and my friend had £20,000 in his separate account. They also had comprehensive sickness insurance.The Home Office refused on the ground that they should have had £35,000 in their account. Hard to understand how the Home Office could arrive at such a figure.
Under EU route applications where the EU national is self sufficient, there is no fixed limit/threshold of the funds be possessed as long as EU national and its family members living without claiming the public funds. Therefore, i believe it could be the result of the lack of knowledge of the caseworker who does not know that setting any limit/threshold under directive is unfair. Asking reconsideration by outlining the relevant EU law in this regard would be wise.
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askmeplz82
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Re: EEA national self sufficient: UKBA response

Post by askmeplz82 » Thu May 08, 2014 8:39 am

they should have had £35,000 in their account

Next time they will ask for £50,000 . Ask for reconsideration. I believe caseworker is just trying to hit his/her target

Are you self-sufficient?

If you're self-sufficient, it means you have enough funds to support yourself, and any other family members, without having to rely on means-tested benefits or other services that come from public funds, such as NHS treatment.

To show you're self-sufficient you should be able to show that your income is above the maximum amounts needed to claim means-tested benefits. You should be able to cover your accommodation costs if you need to pay for somewhere to live, as well as your living costs.

You may also be considered to be self-sufficient if family or friends provide you with free long-term accommodation and you have enough funds to cover your living costs.

http://www.adviceguide.org.uk/wales/ben ... he_hrt.htm
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Re: EEA national self sufficient: UKBA response

Post by Universal soldier » Mon May 19, 2014 9:13 pm

askmeplz82 wrote:[

Are you self-sufficient?



To show you're self-sufficient you should be able to show that your income is above the maximum amounts needed to claim means-tested benefits.
how much income should be which will be above means tested benefits??

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Re: EEA national self sufficient: UKBA response

Post by tmonaghan » Tue Feb 14, 2017 7:46 am

I mean I know this post is old but still relevant.

My EEA partner is self-sufficient through my financial support since January 2015 and I will be submitting his application for a Registration Certificate supported by the following Case Law

Supported Case Law - EC Case Law C-408/03 has the aim to demonstrate that although Self-Sufficient Nationals need to prove that they have the necessary resources to avoid becoming a burden on social assistance system of that state during the period of residence; The Court observed that, under the very terms of the Directive, it is sufficient for the nationals of Member States to “have” the necessary resources and that this provision lays down no requirement whatsoever as to their “origin”. (para 40) and that the necessary financial resources can be provided by a family member and that the family member could be a citizen of the host Member State (para 42, 51).

March 2006 http://ec.europa.eu/dgs/legal_service/a ... 408_en.pdf
C-408/03 Commission v Belgium, supported by the United Kingdom, judgment of 23rd March 2006 - Right of residence for Union citizens – Sufficient resources – Orders to leave the territory

There should not be any discrimination between EEA and NON EEA as to the source of the financial support as long as both are not abusing their rights to be present in the UK under EU Law.

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Re: EEA national self sufficient: UKBA response

Post by CR001 » Tue Feb 14, 2017 8:38 am

tmonaghan wrote:I mean I know this post is old but still relevant.

My EEA partner is self-sufficient through my financial support since January 2015 and I will be submitting his application for a Registration Certificate supported by the following Case Law

Supported Case Law - EC Case Law C-408/03 has the aim to demonstrate that although Self-Sufficient Nationals need to prove that they have the necessary resources to avoid becoming a burden on social assistance system of that state during the period of residence; The Court observed that, under the very terms of the Directive, it is sufficient for the nationals of Member States to “have” the necessary resources and that this provision lays down no requirement whatsoever as to their “origin”. (para 40) and that the necessary financial resources can be provided by a family member and that the family member could be a citizen of the host Member State (para 42, 51).

March 2006 http://ec.europa.eu/dgs/legal_service/a ... 408_en.pdf
C-408/03 Commission v Belgium, supported by the United Kingdom, judgment of 23rd March 2006 - Right of residence for Union citizens – Sufficient resources – Orders to leave the territory

There should not be any discrimination between EEA and NON EEA as to the source of the financial support as long as both are not abusing their rights to be present in the UK under EU Law.
Kindly refrain from digging up old threads and cluttering the current topics in the forum. Also please desist from posting your circumstances in any topic you find. Continue in your own thread/topic.
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