Immigrationboards.com

Guys just a quick question

If you are separated and coming back alone after short visit back home to the UK with EEA2 residence card will there be problem in the UK border if the EEA national spouse is unemployed ?

No. Because employment is not the only way to exercise treaty rights.

I understand what if EEA is not exercising treaty right anymore after 3 years. Just sitting at home and doing nothing

I don't think they would know, and entry cannot be denied on the ground in any case.

dalebutt wrote:I don't think they would know, and entry cannot be denied on the ground in any case.

It could be, if an immigration officer is of the view that an EEA national is not a "Qualified Person", then there will be strong case to refuse on the basis that the EEA national or the family member will not be residing in the UK in accordance with the EEA regulations.

An EEA national has right to reside under Article 20 of the Treaty, but this is not applicable to their family members.

Family member only qualify if their EEA sponsor qualifies under the Directive.

That scenario sound very extreme, family members have a derived right, refusal of entry to such a family member cannot be justified whilst the EEA national is still residing in the United Kingdom in my view, it is not UKVI's policy to refuse admission to family members in such circumstance, it will be hypothetical and would amount to a significant error if they refuse admission in this scenario described by the OP, as the EEA national may resume economic activity at any moment, it may only affect time to acquire PR but certainly in my view cannot amount to a refusal of admission.

askmeplz82 wrote:I understand what if EEA is not exercising treaty right anymore after 3 years. Just sitting at home and doing nothing

As long as they have CSI they can sit at home do nothing and be self sufficient. It is rare that the IO would evaluate whether an EEA national is qualified person or not because it is very easy to qualify.

dalebutt wrote:That scenario sound very extreme, family members have a derived right, refusal of entry to such a family member cannot be justified whilst the EEA national is still residing in the United Kingdom in my view, it is not UKVI's policy to refuse admission to family members in such circumstance, it will be hypothetical and would amount to a significant error if they refuse admission in this scenario described by the OP, as the EEA national may resume economic activity at any moment, it may only affect time to acquire PR but certainly in my view cannot amount to a refusal of admission.

Well i don't think that is the case.

Firstly there is Regulation 19(3)(a) which confers the power to remove, and 21B which was promulgated inorder to prevent EEA national from circumventing the Initial Right of Residence Provision, and 19(3)(C) which permits refusal on the basis of 21B (1)(b).

There is no policy not to remove, to the contrary.

They use to say an EEA national cannot be removed unless on grounds of Public Policy. But it has always been the case, that family Member whose EEA national is not exercising treaty rights, has no right of residence, and i have dealt with many cases, where the UKBA has removed at port without a second thought.

Only those who are knowledgeable have sought injunction and demand an appeal right before removal.

An EEA national with a CSI alone has no right of residence.

The EEA national will need to show that they have sufficient funds not to be a burden on the UK for the family member to qualify.

I know that most of these rules are designed to remove Romanian sleeping rough in the Street, but it has to be stressed that is is applicable to all.

So guys Only option available now

Comprehensive Sickness +
self sufficient ( Joint bank account may be )

Non EEA is working Full time

Take all the documentation while travelling ?

In such circumstances I will personally suggests not to travel outside UK unless some unmanageable emergency arise. And in these circumstances better to briefly instruct the EU national partner before flying about the possible phone call/contact from airport authorities and if possible then request EU national to give favor to meet at airport. I guess that questioning about the EU national being qualified person is extremely rare because circumstances can be changed anytime for example EU national till today's afternoon has no job but in evening got call to start work i.e worker.

They do ask .. My friend came back yesterday from holiday they asked him

Where is your wife: In the Uk
Is she working? : Yes she is
where is she working: Japanese restaurant ( but she is self employed and currently in Brasil on holiday )
Can i call her ? : yes you can ( they didn't call, but i wonder what if they called? )

then let him go

Where are you right now; Poland/UK/back home/somewhere else????

askmeplz82 wrote:They do ask .. My friend came back yesterday from holiday they asked him

Where is your wife: In the Uk
Is she working? : Yes she is
where is she working: Japanese restaurant ( but she is self employed and currently in Brasil on holiday )
Can i call her ? : yes you can ( they didn't call, but i wonder what if they called? )

then let him go

Your friend is not very smart. It is not wise to lie when it comes to immigration matters. He would have been fine just telling the truth (self employed, currently in Brazil)

I am non EEA RC holder based on self sufficient and I recently travelled to Norway twice. Once along with my partner and alone on 2nd time.

1st time travelling to norway from uk along with my EEA wife
we took the EU/UK queue and they didnt ask any question when going out and coming back at immigration desk

2nd time travelling to norway alone from uk
no question asked at immigration desk when goin out, when coming back i took the rest of the world queue with no landing card, he saw at the RC and asked where I am coming from and if i got married recently. lol I answered I am coming from norway and i got married in april 2013.

We applied EEA RC in NOV2013 and got Our RC issued in Jan 2014