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EEA2: Self sufficient via non UK employment?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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knm812
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EEA2: Self sufficient via non UK employment?

Post by knm812 » Tue Sep 15, 2015 10:11 am

I'm American, my unmarried partner is French working for French company. He will be sent to UK to work and do research on opening a branch there. Someone on this forum kindly suggested that we could apply for the EEA1&2 as self sufficient as he's not working in the UK, but will obviously continue to be paid by his French employer (his contract is full time/permanent). Does anyone have any experience with this sort of case? All the self sufficient statuses I've seen have been via savings, pension, or something other than work (in another country).

Thanks!

And no worries about insurance (I'll save that for another post).

noajthan
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Re: EEA2: Self sufficient via non UK employment?

Post by noajthan » Tue Sep 15, 2015 10:45 am

knm812 wrote:I'm American, my unmarried partner is French working for French company. He will be sent to UK to work and do research on opening a branch there. Someone on this forum kindly suggested that we could apply for the EEA1&2 as self sufficient as he's not working in the UK, but will obviously continue to be paid by his French employer (his contract is full time/permanent). Does anyone have any experience with this sort of case? All the self sufficient statuses I've seen have been via savings, pension, or something other than work (in another country).

Thanks!

And no worries about insurance (I'll save that for another post).
What timelines are you thinking of here - is this temporary of for the long haul?

As an alternative you could shoot for a family permit (instead), see:
https://www.gov.uk/family-permit/eligibility

It gives you 6 months in UK (multiple entry/exit);
note that the first 3 months of activities by EEA national do not matter - they only have to exercising treaty rights as a qualified person after an initial 3 months in UK.

Does that float your boat?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

knm812
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Posts: 26
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Re: EEA2: Self sufficient via non UK employment?

Post by knm812 » Tue Sep 15, 2015 11:01 am

What timelines are you thinking of here - is this temporary of for the long haul?

As an alternative you could shoot for a family permit (instead), see:
https://www.gov.uk/family-permit/eligibility

It gives you 6 months in UK (multiple entry/exit);
note that the first 3 months of activities by EEA national do not matter - they only have to exercising treaty rights as a qualified person after an initial 3 months in UK.

Does that float your boat?
Sorry I should have specified! I already have the FP and it's for long haul as you say :) Additionally, I will need to find work so we wanted to apply for the EEA2 as soon as possible.

noajthan
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Re: EEA2: Self sufficient via non UK employment?

Post by noajthan » Tue Sep 15, 2015 11:27 am

knm812 wrote:
What timelines are you thinking of here - is this temporary of for the long haul?

As an alternative you could shoot for a family permit (instead), see:
https://www.gov.uk/family-permit/eligibility

It gives you 6 months in UK (multiple entry/exit);
note that the first 3 months of activities by EEA national do not matter - they only have to exercising treaty rights as a qualified person after an initial 3 months in UK.

Does that float your boat?
Sorry I should have specified! I already have the FP and it's for long haul as you say :) Additionally, I will need to find work so we wanted to apply for the EEA2 as soon as possible.
Understood.
So you need to establish if an EEA national working or, rather, operating on that basis can be considered as a qualified person;
ie either as a worker or self-sufficient person.

They may also be a frontier worker (under Regulation 6) if they continue to reside in home country but 'work' in UK.

Over to EEA-hands to tease this one out.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Obie
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Re: EEA2: Self sufficient via non UK employment?

Post by Obie » Tue Sep 15, 2015 11:32 am

Your concerns were addressed in this thread
Smooth seas do not make skilful sailors

knm812
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Re: EEA2: Self sufficient via non UK employment?

Post by knm812 » Tue Sep 15, 2015 11:36 am

Understood.
So you need to establish if an EEA national working or, rather, operating on that basis can be considered as a qualified person;
ie either as a worker or self-sufficient person.

They may also be a frontier worker (under Regulation 6) if they continue to reside in home country but 'work' in UK.

Over to EEA-hands to tease this one out.
Yes exactly! Though he wouldn't be a frontier worker (to the extent of my knowledge) because he will be residing in the UK (we will be living together) and though he'll be travelling a bit around the UK he would be returning to France rarely and basically telecommuting for meetings and whatnot. I originally thought he would be considered a worker as well, but was told that worker only applies to people working for companies within the UK (where everything is set up, they're registered, paying UK taxes, etc).

You can see why it's confusing :lol:

Obie
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Re: EEA2: Self sufficient via non UK employment?

Post by Obie » Tue Sep 15, 2015 11:51 am

From where I am sitting there is nothing confusing.

The situation is very simple.

If he work in France and lives in the UK, and move from UK to France to work every day, or return to the UK at least once a week following work, then he is a frontier worker.

If he stay in the UK and works in France, and does not move at all to work in France, then he is not a Frontier worker in the UK, however his earning will qualify him as a Self-Sufficient Person.

I hope that makes sense.
Smooth seas do not make skilful sailors

knm812
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Re: EEA2: Self sufficient via non UK employment?

Post by knm812 » Tue Sep 15, 2015 12:08 pm

Obie wrote:From where I am sitting there is nothing confusing.

The situation is very simple.

If he work in France and lives in the UK, and move from UK to France to work every day, or return to the UK at least once a week following work, then he is a frontier worker.

If he stay in the UK and works in France, and does not move at all to work in France, then he is not a Frontier worker in the UK, however his earning will qualify him as a Self-Sufficient Person.

I hope that makes sense.
Indeed that does make sense...in fact it was on your advice that I started researching the self sufficiency option. I was just hoping to hear from some people who claimed self sufficiency for a similar reason (working inside the UK for a company outside UK) as I haven't found any examples which made me nervous!

sheraz7
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Re: EEA2: Self sufficient via non UK employment?

Post by sheraz7 » Tue Sep 15, 2015 5:03 pm

Yes. An eu national can become self sufficient on the income he/she has been receiving from French employer. For this purpose the CSI covering the whole family will be needed.
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