Eea student and sufficient resources

Hi all

Thanks for your help on here. I've had a good search but can't find a recent post on this and it relates to the April 15 amendments in the regulations

My partner is an eea national Dutch full time student. I'm applying for the eea efm, currently on the YMS.

For the financial resources component (no burden on state) the form and guidance I've seen give the option to just send a declaration from the sponsor. However how I read the amended regulations is that we now have to prove this too, is that right? 4(1) is fine and has the requirement for the declaration but 4 (2) has been amended to include students and says:
the requirement for that person to have sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden;

And then (4) states
(4) For the purposes of paragraphs (1)(c) and (d) and paragraph (2), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if —

(a)they exceed the maximum level of resources which a British citizen and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or

(b)paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient.

Does the letter of declaration still suffice or does it need to proven too?

Many thanks for any help

See HO guidance on qp, including students:
https://www.gov.uk/government/uploads/s ... _clean.pdf

More in assessing sufficient resources here:
https://www.whatdotheyknow.com/request/ ... es_and_csi

Hi Noajthan,

Thank you for your reply.

So since the April 15 amendment it's still okay to send through only a declaration from the sponsor in regards to sufficient resources? The law to me reads otherwise (I am no lawyer though!!).

I want to be strategic about what we send bank-wise as we never have a lot in there & do not want to jeopardize the sufficient financial resources component. We use my salary to live and his parents send through money as needed in small-ish lumps. However our joint bank statements show rent/food payments etc and our joint savings account helps show we are in a durable relationship. Do you think it would be okay to send:
- signed declaration from sponsor regarding no burden on state and countersigned etc
- most recent joint savings account statement with £2000 balance
- joint current account statements from every few months with balance hovering around £100.

Thank you

geeb33 wrote:Hi Noajthan,

Thank you for your reply.

So since the April 15 amendment it's still okay to send through only a declaration from the sponsor in regards to sufficient resources? The law to me reads otherwise (I am no lawyer though!!).

I want to be strategic about what we send bank-wise as we never have a lot in there & do not want to jeopardize the sufficient financial resources component. We use my salary to live and his parents send through money as needed in small-ish lumps. However our joint bank statements show rent/food payments etc and our joint savings account helps show we are in a durable relationship.

...

Thank you

You seem to be on track.
Suggest check whatever else is required - as per HO guidance (linked above)

Thanks glad to hear it, it's all so stressful!