EEA2 'employment section' or 'self-sufficient' or both?

Hello all,

I have a question on the EEA application form i hope someone can help me. I have called the HO but each time they give different answers.

I am non-EEA and my husband is EEA.
I'm working and he is looking for jobs at the moment. And i am the main income supportor.

Shall I:

(1) fill in section of 'employment' with my salary, contract details on or
(2) fill in section 'self-sufficient' with his bank and my bank details and my employment details on? or
(3) fill in both (1) and (2)?

Really appreciated if someone can help??

Under the terms of the EU Director a person is still classed as a "worker" .... an employed person ..... even if they are currently unemployed, as long as they are seeking work.

So assuming he is signed on at the Job Centre+, he is still a "worker", so I think you should proceed as per your (1). When sending off the EEA2 application, enclose proof that your husband is indeed seeking employment.

Hi john, thanks! Just to be clear, so on my EEA2 application form i can fill in my employment detail under 'Section: Employment'?

The more I look at the EEA2 form the more I think it has been badly designed ... designed by someone with little knowledge of the EU Directive, or even the UK's regulations to put it into force.

Reg 5(7)), The Immigration (European Economic Area) Regulations 2006, reads :-

(7) For the purposes of this regulation—

1. periods of inactivity for reasons not of the person’s own making;
2. periods of inactivity due to illness or accident; and
3. in the case of a worker, periods of involuntary unemployment duly recorded by the relevant employment office,

shall be treated as periods of activity as a worker or self-employed person, as the case may be.

But the form asks, in your circumstances, for Section 4 of the EEA2 form, to be completed with your details. Strange, what proof are they requiring that your husband is exercising his Treaty Rights as a "worker"? None it seems.

Nevertheless I would give them what they want ... what they have requested. But you might also enclose a letter stating that in accordance with reg 5(7)(c), The Immigration (European Economic Area) Regulations 2006, your husband is exercising his EU Treaty Rights as a "worker", notwithstanding that he is currently unemployed. Attach proof to that letter that he is signing on at the Job Centre+ office.

Hi, John. Totally agreed!

Form is really confusing. But reading again and again on the EEA2 form. on the bottom of Section 4, it asks you to tick one of the box:

Letter(s) from employer confirming your EEA or Swiss family member’s employment (or your employment)

'Your' means 'Mine - i.e. non EEA family member'. So under EEA Section 4, it just requires whoever is working at the moment?

That's my thoughts..don't know if you agree

It should not matter in principle who is responsible for the family income but from what I gathered from other discussions is that HO currently has a somewhat skewed point of view.

If the EEA national is not working but the non-EEA partner is the EEA national has to declare self-sufficiency (unless you say you are still job seeking as John suggested). But this means that the EEA national also has to prove comprehensive sickness insurance. Obviously, the EEA national is not simply covered through the wife's contribution. In fact, the NHS system is not really compatible with EU regulations. But note, that is just my interpretation from those discussions. John may have a better explanation.

In fact, the NHS system is not really compatible with EU regulations.

If UKBA really wanted to be helpful there would be something on their website saying whether they agree that the NHS counts as "comprehensive sickness insurance" .... or indeed disagreed with that. But no, an extensive search of their website has not turned up anything seeking to clarify the matter in the eyes of UKBA.

Perversely there is something on the HMRC website relating to this, and that confirms that the NHS does indeed count as "comprehensive sickness insurance". This is in connection with the interaction between benefit and immigration law. I cannot think that HMRC would have come to their own conclusion about this matter, and therefore can only think that the wording on the HMRC website originated as advice from UKBA!

In particular this HMRC webpage includes :-

Comprehensive sickness cover includes the National Heath Service (NHS) cover.

And here is the discussion that I head in mind (registration required!)
http://www.ukresident.com/forums/genera ... 93985.html

i'm now even more confused...

I will start making mine applications and send everything/anything to support my case to HO. It will take 6 months plus, so they will ask me any further info if needed. At least get it started?