*****apoligies, have later seen that was mentioned later in the posts*****
Directive/2004/38/EC wrote:
But if you look at it in the right way, I could say you moved to London in January, and have so far have not found work. If I were a hard-assed UKBA employee, I would say that "He has been in the UK for almost 6 months, he is not exercising treaty rights, so he is not a qualified person, and so Singh does not apply." (Although I would have to be less clear if I worked for UKBA).
BUT: If you have proof that you are looking for work, and that you have reasonable prospects of finding something, then you also qualify! So send out applications, and keep a record of all the people you talk with! And register with the JobCentre (if you can do that these days?).
Directive/2004/38/EC, I beg to differ on that interpretation. It was the interpretation the Danish immigration services had 8 years ago which I challanged. The below is an excerpt of the change into EU law due to this challenge.
Please substitute every mention of a Danish National with EU national moving back to his/her country of nationality.
Economic activity upon return
As a consequence of the Eind judgment, a Danish national who has exercised his/her right of free movement in another EU/EEA Member State as:
a worker
a self-employed person
a service provider
a retired worker
a retired self-employed person
a retired service provider
need not be economically active to obtain family reunification with his/her spouse/registered partner/permanent cohabitant and/or his/her or the spouse's children under 21 years of age
upon his/her return to Denmark.
Accordingly, it follows from the Eind judgment that:
"When a worker returns to the Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No. 1612/68 as amended by Regulation No. 2434/92, which applies by analogy, to reside in the Member State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities."
Paragraph 6 below provides more information on the condition of support.
Support of yourself and your family
The condition of support differs depending on the basis of residence of the Danish national in the EU/EEA Member State in which the relevant person has exercised his/her right of free movement, and depending on the family members included in the application for family reunification.
A Danish national applying for family reunification in Denmark under EU law after having exercised his/her freedom of movement in another EU/EEA Member State as a worker, self-employed person or service provider (economically active person) or as a retired worker, self-employed person or service provider (retired economically active person) is not required to prove that s/he can support his/her spouse/registered partner/permanent cohabitant and children under 21 years of age and the spouse's children under 21 years of age. This applies regardless of whether the relevant person receives cash assistance or other maintenance in Denmark.
However, a Danish national applying for family reunification with family members other than his/her spouse/registered partner/permanent cohabitant or children under 21 years of age or the spouse's/registered partner's/permanent cohabitant's children under 21 years of age after having exercised his/her freedom of movement in another EU/EEA Member State as an economically active or retired economically active person and having returned to Denmark may be required to prove that s/he is able to support those family members.
A Danish national applying for family reunification upon his/her return to Denmark after having exercised his/her right freedom of movement in another EU/EEA Member State as a student may also be required to declare or prove in another similar way that s/he has sufficient means for him/herself and all his/her family members, including his/her spouse/registered partner/permanent cohabitant and children under 21 years of age and the spouse's/registered partner's/permanent cohabitant's children under 21 years of age.
Moreover, a Danish national who has exercised his/her freedom of movement in another EU/EEA Member State as a self-supporting person may be required to prove that s/he has sufficient means for him/herself and all his/her family members, including his/her spouse/registered partner/permanent cohabitant and children under 21 years of age and the spouse's/registered partner's/permanent cohabitant's children under 21 years of age.
Good intentions are appreciated but results are what matters..
