Moving ahead of Brexit cut off

Hi,
We are a non EEA (husband) + EEA (wife) couple settled outside of EEA and UK.
EEA spouse hasn't worked for over 8 years. The non EEA spouse works and now has an offer to work in UK. We would like to avoid using the employer sponsored category as its a small startup.

We have access to enough funds (more than 100k usd or whatever) but wonder as to whether EEA family permit is workable.

Also what if the EEA wife later spends more than 6 months in EEA country (Germany) than UK as private schools are expensive and public schools are arguably not great. Is her living away going to be a problem.

Does Brexit change anything if we move in 1H18.

Thanks in advance for your replies. Any recommended lawyers ?

zafran1 wrote: ↑

Sun Mar 18, 2018 10:18 am

Thanks in advance for your replies. Any recommended lawyers ?

Members are not permitted to post lawyer recommendations, names and details on the forum.

Assuming that EEA is a non-UK EEA citizen, the EEA citizen wife can exercise treaty rights by being self-sufficient (via non-EEA husband's financial support) and having CSI (private health insurance). The husband can reside and work in the UK based on her residence in the UK.

zafran1 wrote: ↑

Sun Mar 18, 2018 10:18 am

what if the EEA wife later spends more than 6 months in EEA country (Germany) than UK

That breaks the EEA citizen's wife's residence in the UK and therefore the non-EEA husband's right to reside in the UK. There is no practical way to check this though, but any absence longer than six months will reset the clock for Permanent Residence for both husband and wife.

There are specific rules on frontier workers that would apply if your EEA citizen wife worked, but no such rules that I am aware of that extend to their family. And even frontier workers are expected to return to their EEA country of residence at least once a week. I will leave it to others to elaborate on this point as I am not au fait with the details of rules regarding frontier workers.

For the purpose of the discussion, I am considering you as a frontier worker if you work in London and then return home to Cologne or Dusseldorf by flight every day or atleast every weekend.

zafran1 wrote: ↑

Sun Mar 18, 2018 10:18 am

Does Brexit change anything if we move in 1H18.

Things are fluid at the moment as developments are in the political sphere, not known for its stability and especially not in the current political environment.

I wonder how OP can be a frontier worker when he is not an Eu citizen and there is no cross border element to his work.

Obie wrote: ↑

Sun Mar 18, 2018 6:11 pm

I wonder how OP can be a frontier worker when he is not an Eu citizen and there is no cross border element to his work.

I was musing. The OP was looking into his EEA wife living in Germany while he worked in the UK and I wondered if there is anything in the Frontier Workers regulations to cover that kind of scenario or a scenario in which he lived with his EEA wife in Germany and commuted to work in the UK.

Do the rules regarding Frontier Workers apply only to EEA citizens or do they apply to their family members as well?

Hi,
We are an EEA (wife)+non eea (husband) couple and thinking of moving to UK before the cut off date. Wonder if anyone could help on the following
1./ If say the cut off date is in March, does it mean that EEA nationals and families don't have freedom to move and work afterwards? - Yes/No
2./ If the EEA national goes to UK in january, rents a house, takes CSI and then leaves UK temporarily ...house still on rental contract...does it mean that she has residence as of January and her right to continued residence will be honoured post Brexit in March. (Economically self sufficient). Does the right also extend to husband joining her in September 2019 or later? Economically self sufficient.
What constitutes this residence proof - rent, utility etc or something else?
3./ Is march the cut off date when rights cease to exist for EEA or is it 2020. The guide i saw on other forum said 2020 but i keep hearing March 2019. What is correct?

Thank you

zafran1 wrote: ↑

Wed Sep 05, 2018 8:38 am

3./ Is march the cut off date when rights cease to exist for EEA or is it 2020. The guide i saw on other forum said 2020 but i keep hearing March 2019. What is correct?

The cut off date is "2359 Greenwich Mean Time on 31 December 2020". (Source: Chapter EU of the immigration Rules). However, this may change if there is no withdrawal agreement.

"However, this may change if there is no withdrawal agreement."
That's what i am worried about. Could it be pre-poned to March 2019 as being discussed and family rights etc get taken away from those not already resident.
Earlier UK side was talking about Brexit vote day and then relented. Hence wondering what the bad scenario looks like.

Hi,
Is there any guidance on net assets level per family (2 adults + 2 kids) for registration as a self sufficient EEA national. There are lots of statements but i haven't come across say USD 10k 100k per year of intended stay etc..the absolute amount.

Thanks

If you are proposing to accompany you EEA family member, then the requirement to be a qualified person does not apply. You will be issued with an EEA family permit. It is only after 3 months has elapsed that you may require it.

UK is due to leave the EU on the 23:00 on the 29-03-2019, however there is a likelihood that this may not happen. There is immense uncertainties with the negotiation, and there is a likelihood that their may be another referendum, or the UK will crash out of the EU without a deal. Given the fact that there is no majority in the Legislature for a no-deal brexit, it is likely that an extension may be sought.

At present there is no certainty.

The self sufficiency is for the EEA national.

zafran1 wrote: ↑

Fri Sep 21, 2018 11:59 pm

The self sufficiency is for the EEA national.

I concur with that.

Obie wrote: ↑

Sat Sep 22, 2018 12:11 am

zafran1 wrote: ↑

Fri Sep 21, 2018 11:59 pm

The self sufficiency is for the EEA national.

I concur with that.

What would be good to know is what the tangible criterion is. How many USD in savings?

There is, as far as I am aware, no stated absolute minimum criteria which are applied for income or accommodation, so as long as, I suppose, you do not claim benefits and are able to live then you are OK.

A good bit of background and info is contained here

https://www.freemovement.org.uk/wp-cont ... ciency.pdf

This may help with some of your queries.

Depending on age the self sufficiency hurdle of Comprehensive Sickness Insurance can be a big issue. It was for me when I looked at possibly applying for a PRC.

The proposals for for the future settled status, however, seem to indicate Comp Sickness Ins will not be amongst the criteria.

Hi,
We tried the email and phone answering service but all we got was
"The International Enquiry Service (IES) staff are unable to provide advice on individual applications. "

For a non eea + eea couple currently resident outside UK -
1./ Can the couple apply together at Croydon centre or wife (eea) has to apply first
2./ Can the husband travel to uk on existing tourist visa or he must enter using another visa
3./ do we need to show the house lease when applying
4./ the documents for financial stuff - bank statements etc - do they need these certified or simple copies are enough?

Thanks
Zaf

Topics merged!!

announcements/multiple-posts-will-be-lo ... t5722.html

Hi,
I have been looking for what the self sufficiency translated into and thought i would share what i discovered.

Income - Family of 4 (two kids) - 25k gbp/annum
Assets can be utilized in lieu of income and you can mix and match the two. Minimum level of assets - 78k GBP
Safe threshold of assets - 125k gbp

zafran1 wrote: ↑

Sat Dec 01, 2018 11:11 pm

I have been looking for what the self sufficiency translated into and thought i would share what i discovered.

Can you link to where you got this information from?Alternatively, can you cite your source?

secret.simon wrote: ↑

Sun Dec 02, 2018 2:49 am

zafran1 wrote: ↑

Sat Dec 01, 2018 11:11 pm

I have been looking for what the self sufficiency translated into and thought i would share what i discovered.

Can you link to where you got this information from?Alternatively, can you cite your source?

I read it on one of the forums from someone who knew a case worker.

On another note the
1./ documents for proving self sufficiency - Brokerage statements etc from overseas sources. Is there a certification requirement of any sort at all?
2./ I learnt that EEA FP is not necessary if one has a tourist / business visa. We can simply declare the intention at immigration desk in UK about travelling together with my EU spouse. Is that correct?


Thanks

Hi,
1./ How much time does the biometric enrollment letter give to get enrolled - 1 week ? I could not locate a sample on the forum. Is it possible to post a copy of the letter with personal details obscured. I am thinking of travelling just after making the application and then coming back in a week. This would normally tie in with biometric enrollment letters but want to be sure.

2./ EPRS - Anyone used EPRS. We are both planning to keep our passports. I have seen some negative views on this but considering its authorized by home office, can't see a reason not to do it

Thanks in advance.

secret.simon wrote: ↑

Sun Dec 02, 2018 2:49 am

zafran1 wrote: ↑

Sat Dec 01, 2018 11:11 pm

I have been looking for what the self sufficiency translated into and thought i would share what i discovered.

Can you link to where you got this information from?Alternatively, can you cite your source?

Found it - http://researchbriefings.files.parliame ... N06724.pdf
Most lawyers didn't have a clue about it either..utterly useless ...which is why i stayed away from them.

Mods, please add it to a sticky. Detailed formula for income vs assets.

I have applied via EPRS as both of us needed to travel in interim, inspite of all the negative views around rejections in the format. Let's see how it goes.

zafran1 wrote: ↑

Fri Feb 22, 2019 4:15 am

Found it - http://researchbriefings.files.parliame ... N06724.pdf
Most lawyers didn't have a clue about it either..utterly useless ...which is why i stayed away from them.

Mods, please add it to a sticky. Detailed formula for income vs assets.

I have applied via EPRS as both of us needed to travel in interim, inspite of all the negative views around rejections in the format. Let's see how it goes.

That Commons Library Briefing Paper lists the financial requirements for British citizens. The requirements for British citizens are tougher and higher than those for non-British EEA citizens.

As that document states (Page 24);

The Immigration Rules do not have to mirror European law, and indeed it has long been the case that they have contained more restrictive eligibility criteria for family members than European law. The financial requirement is another example of such a difference - EU law does not specify a minimum income or specific level of resources that the EEA national must have in order for their non-EEA family member to join them in the host Member State.

At least now we have an idea of numbers involved. The hostile environment means walking on egg shells. I cancelled my trips outside of UK today because i was afraid that i won't be able to re enter without my spouse being with me.
Is it possible to get the brp mailed via dhl/courier abroad?

Can't your family do it for you?