Obie wrote:Guys it looks like there are lots of confusion going on in this thread, and I believe that one needs to clarify things.
An EEA national can claim self sufficiency on the basis of their non EEA family member's income. That is perfectly normal.
The technical question is whether the income was derived from unlawful employment.
If an family member has residence card, but their EEA sponsor cease exercising treaty right, then the UKBA is saying, that notwithstanding the Validity of the card, the person did not have a lawful basis for being in the UK , as the family member was not exercising treaty rights, therefore any income derived from this , is unlawful and will not be taken into account as sufficient resource, as the income was derived from unlawful employnent.
If the non EEA national had leave to remain, which confer right to work, then he could claim self sufficiency.
There are many legal argument for and against this preposition, but that is sort of what UKBA is saying.
only way to win this argument is by showing some savings even if its £200/£300 in the EEA national or their Joint account the day for example they buy their comprehensive insurance to exercise treaty right as self sufficient
because that saving came from legal income by non eea national ( when EEA national was exercising treaty right as job seeker, worker or self employed )
Later NON EEA national can work and income will be considered legal under EU law
Miss A worked from Jan 2008 - dec 2009
Mr B working from Jan 2008 - till now
Miss A left job and stay at home ; depend fully on Mr B income
Miss A and B apply for health Insurance January 2010: they already have savings from so any income NON EEA nation earn after this will be legal income according to UKBA