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Can a brit (UK passport Holder) just arrived in the uk after exercising treaty rights in the EU (family to follow within 6 months via singh)- can the person go on welfare and apply for housing assistance immediately until the family arrive?
And when they arrive, will this affect their status in applying for a RC (EEA2)?

Please no lectures on the moral rights/wrongs in doing so- this is absolutely a last resort, but I need to know.

Ta

You should be fine. But be prepared for a bit of a fight.

I also hope your were exercising treaty rights in an Economic Capacity in another memberstate.

Obie wrote:You should be fine. But be prepared for a bit of a fight.

I also hope your were exercising treaty rights in an Economic Capacity in another memberstate.

yes, I believe so-

I had a registered business for 5 months with half a dozen invoices (albeit small amounts). As far as I'm concerned the business was registered (still is) and I had clients.

I did have to supplement my income with savings I had, but that's the nature of a start-up. Haven't seen a new business fire from day 1 into a profit.

Obie, do you think this will be ok?

It will depent whether or not this was a genuine economic activity. An activity which is ancilliary or marginal will not be covered by community law.

Were these family members you are hoping to support, residing with you in the other state. Where they issued with residence documentations on the basis that you were exercising treaty rights. Was memberstate satisfied that your activity was genuine and effective.

Obie wrote:
- Were these family members you are hoping to support, residing with you in the other state.
- Where they issued with residence documentations on the basis that you were exercising treaty rights.
- Was memberstate satisfied that your activity was genuine and effective.

- Yes, residing with me.
- Yes, 5-year residence cards with full rights to work.
- I can't say- how would I know whether the member star was satisfied that my activity was genuine and effective?. All I know is that I had a registered business and submitted my VAT returns on time. I filled in time sheets on a weekly basis and the hours per month are well above the legal requirement. I had (still have) an accountant who attends to the returns. I suppose I could have worked at McDonalds, but I preferred to run with the business. Only possible problem is that the income from the business is very modest. But then there are no minimum requirements for how much money one has to make to be considered running a business.
If they weren't satisfied, how would I be able to tell?

I believe you should be fine in my view, whether you will with the HO is another thing. You cettainly will be okay if they refuse and the matter went to the tribunal

Obie wrote:I believe you should be fine in my view, whether you will with the HO is another thing. You cettainly will be okay if they refuse and the matter went to the tribunal

Thanks for that- good to talk this through with someone else just to relax my brain so i can get a decent night's sleep

I am curious why the family members are only later joining you in the UK...

Directive/2004/38/EC wrote:I am curious why the family members are only later joining you in the UK...

I'm actively looking for work- easier to do on your own,
schools need to be seen through to the end of the year,
just more convenient,
if no work then have to go on welfare- so then start that ball rolling b4 they arrive...,
best of all reduces stress and tension especially when ppl think you've f'ed up with original decision to make a go of it in said eu country....which I have.

.

any particular reason you're curious? - any insights?

I wanted to see if they were staying back in case you believed there was a legal reason that they must delay until...

But all sounds straight forward.

I agree that it may be easier (and cheaper!) to be alone in London while looking for the initial work. Although it can also be very lonely without your family.

Note that you can get a London phone number from Skype ( http://www.skype.com/intl/en/features/a ... ne-number/ ) and at least start contacting people before you get to the UK. It looks as though you have a UK number and are already there...

Directive/2004/38/EC wrote:I wanted to see if they were staying back in case you believed there was a legal reason that they must delay until...

But all sounds straight forward.

I agree that it may be easier (and cheaper!) to be alone in London while looking for the initial work. Although it can also be very lonely without your family.

Note that you can get a London phone number from Skype ( http://www.skype.com/intl/en/features/a ... ne-number/ ) and at least start contacting people before you get to the UK. It looks as though you have a UK number and are already there...

yes, thanks- its really all about moving forward under the burden of the least amount of stress, heartache and financial hardship.

Guys I was just wondering if Singh is applicable to all family members and not just spouses?

Meaning, if you were a British Citizen, could you move to france and invite your Non-EU parents there? & after having lived there for a year or two, move back to the U.K with them?

Any thoughts?

immaculatestuff wrote:Guys I was just wondering if Singh is applicable to all family members and not just spouses?

Meaning, if you were a British Citizen, could you move to france and invite your Non-EU parents there? & after having lived there for a year or two, move back to the U.K with them?

Any thoughts?

I'm starting to get the hang of this and will be corrected soon enough, but

immediate family (wife, kids under 21)- yes;
parents- I believe you need to show dependency on you...no other means of support financially.

hope that helps until an expert arrives.

immaculatestuff wrote:Guys I was just wondering if Singh is applicable to all family members and not just spouses?

Meaning, if you were a British Citizen, could you move to france and invite your Non-EU parents there? & after having lived there for a year or two, move back to the U.K with them?

Any thoughts?

The UK very clearly sees Singh applying only to direct family members. http://eumovement.wordpress.com/2008/04 ... ly-member/

Rolfus, a member her, has been fighting for it also to apply to his unmarried partner.

Directive/2004/38/EC wrote: The UK very clearly sees Singh applying only to direct family members.

Hi Directive/2004/38/EC, interested to know what makes you think that and could you please provide the official links if there is any?

From this link, if I understand correctly, it seems that the ruling should apply to all 'family members' of UK national?
http://www.whatdotheyknow.com/request/i ... surinder_s

ruthie wrote:

Directive/2004/38/EC wrote: The UK very clearly sees Singh applying only to direct family members.

Hi Directive/2004/38/EC, interested to know what makes you think that and could you please provide the official links if there is any?

http://www.immigrationboards.com/viewtopic.php?t=65550 is a main Rolfus thread. Worth reading through that carefully.

Obie wrote:It will depent whether or not this was a genuine economic activity. An activity which is ancilliary or marginal will not be covered by community law.

Were these family members you are hoping to support, residing with you in the other state. Where they issued with residence documentations on the basis that you were exercising treaty rights. Was memberstate satisfied that your activity was genuine and effective.

Hi all, have not been around for a while, I am in a similar situation, my non-eu husband and I resided in france, starting my business up was a nightmare to be honest, and getting documentation from the French prefecture ~ we had receipt after receipt, none of which helped us, particualrly my husband to find employment (alttough he did for a while) it seems the french are still issuing RC as though people were under their national immigration, my husnabd eventually received his RC, 11 months after applying, and it was not only backdated to the date of application but only valid for 1 year, which meant it expired in 5 weeks after issue!

it does however state that he is a family member of EU citizen, and states Directive 1612/68

my husband and I have now come to the UK, we arrived at Calais armed with passports, marraige certificate, the expired residence card and my residence receipt (therir version of Reg cert) and NO EEA/fp, and I am a brit, my husbands passport is stamped "A1 and it states "surninder Singh" on it!

we were only asked if we had worked in France which we said yes (obviously) and we cleared immigration within 10 mins.

on arriving in the UK, (4 weeks ago) the accommodation i had secured no longer exists, the employment for my husband no longer exists, and I am now in receipt of incapacity ben, (I see Eind here?)

hubby is NOT claiming nor part of my claim. we are living with family whilst we figure out what we are going to do next,

I do still operate my small business, it is "economic" although receiving very little at present as im having to start all over again, and contend with ill health.

as the RC for him is not compulsory, and until its a standalone card and not a sticker in the passport I wouldn't want him to have one, but he is going to need one ~ ( I like to argue the toss and try to force the member states into compliance)

I am wondering how we will be viewed for EEA2, bearing in mind his res card issued in france does state it was issued under the workers directive, albeit its expired because it was issued 4 years short in time!

thoughts?

Hi melc just a few things want to know regarding your travel to uk with non eu spouse no1 . did your husband had a valid residence permit in france before you could travel to uk or not
2 . and from france when you were leaving for the uk without visa immigration officer did issue your spouse on spot visa or just let you through and at dover in uk your husband was issued a visa and what category it was issued.

If you carefully read the post, you can find all the answers:

sierra wrote:1 . did your husband had a valid residence permit in france before you could travel to uk or not

MelC wrote:... the expired residence ...

sierra wrote:2 . and from france when you were leaving for the uk without visa immigration officer did issue your spouse on spot visa or just let you through and at dover in uk your husband was issued a visa and what category it was issued.

MelC wrote:... we arrived at Calais ... my husbands passport is stamped "A1

UKBA are located in Calais, on the French side, when you travel from France to the UK.

MelC wrote:we arrived at Calais armed with passports, marraige certificate, the expired residence card and my residence receipt (therir version of Reg cert) and NO EEA/fp, and I am a brit, my husbands passport is stamped "A1 and it states "surninder Singh" on it!

we were only asked if we had worked in France which we said yes (obviously) and we cleared immigration within 10 mins.

.
Hi MelC,

I see in your post, you guys didn't bother to apply for a EEA family permit.
Was there a reason for this, or was it the fact you had already set your sights on doing this part at Calais, by way of the "A1" stamp.

Gra.