Obie wrote:It will depent whether or not this was a genuine economic activity. An activity which is ancilliary or marginal will not be covered by community law.
Were these family members you are hoping to support, residing with you in the other state. Where they issued with residence documentations on the basis that you were exercising treaty rights. Was memberstate satisfied that your activity was genuine and effective.
Hi all, have not been around for a while, I am in a similar situation, my non-eu husband and I resided in france, starting my business up was a nightmare to be honest, and getting documentation from the French prefecture ~ we had receipt after receipt, none of which helped us, particualrly my husband to find employment (alttough he did for a while) it seems the french are still issuing RC as though people were under their national immigration, my husnabd eventually received his RC, 11 months after applying, and it was not only backdated to the date of application but only valid for 1 year, which meant it expired in 5 weeks after issue!
it does however state that he is a family member of EU citizen, and states Directive 1612/68
my husband and I have now come to the UK, we arrived at Calais armed with passports, marraige certificate, the expired residence card and my residence receipt (therir version of Reg cert) and NO EEA/fp, and I am a brit, my husbands passport is stamped "A1 and it states "surninder Singh" on it!
we were only asked if we had worked in France which we said yes (obviously) and we cleared immigration within 10 mins.
on arriving in the UK, (4 weeks ago) the accommodation i had secured no longer exists, the employment for my husband no longer exists, and I am now in receipt of incapacity ben, (I see Eind here?)
hubby is NOT claiming nor part of my claim. we are living with family whilst we figure out what we are going to do next,
I do still operate my small business, it is "economic" although receiving very little at present as im having to start all over again, and contend with ill health.
as the RC for him is not compulsory, and until its a standalone card and not a sticker in the passport I wouldn't want him to have one, but he is going to need one ~ ( I like to argue the toss and try to force the member states into compliance)
I am wondering how we will be viewed for EEA2, bearing in mind his res card issued in france does state it was issued under the workers directive, albeit its expired because it was issued 4 years short in time!
thoughts?
