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EEA Treaty Rights
Posted: Sat Nov 24, 2012 11:29 am
by shahzebsaeed
I am here in a dilemma, Ive got EEA Family Permit, I am married to a Lithuanian citizen for almost 1 year and we have been together for the past 3. She is a full time student and employed part time, I work full time aswell.
In the EEA2 form which column should I fill, employed or student, with student its the case of CSI (£65/70 per month for both of us 12 month contract) or should I fill employed and attach student documents with it, she is in 4th year of her Undergrad course and funded by SAAS. Some immigration lawyer told me that she needs to work more than 22 hours to comply with EU Treaty Rights is that true? I cant find anything like that on UKBA website. Just by filling employed section I could get away with CSI, money is a bit tight at the moment so I could do with saving £70 per month.
Thanks
Posted: Sun Nov 25, 2012 3:03 pm
by Jay_jay886
Where are you getting your CSI from? You need to research the policy carefully to ensure it's acceptable by the home office
Posted: Sun Nov 25, 2012 3:13 pm
by shahzebsaeed
Jay_jay886 wrote:Where are you getting your CSI from? You need to research the policy carefully to ensure it's acceptable by the home office
I was getting it from Bupa, no Health Insurance would cover it for the purpose of UKBA, I want to avoid it by applying through employment criteria rather than Student and be unsure of CSI.
Posted: Sun Nov 25, 2012 3:29 pm
by ravii
It's better to fill section 6 rather then CSI.more then 10 hours a week is acceptable.No need to attach college letters if you are applying as a worker.
Posted: Sun Nov 25, 2012 5:52 pm
by Obie
The employment has to be effective and genuine, and not marginal or ancilliary for the activity to be considered as work within the memaning of community law. There is no fixed time and the CJEU formally ECJ has found in some case that 5 1/2 hours of work a week could be considered effective and genuine.
The duration of the work, the money earned, the holiday or annual leave entitlement, would all be in play if the hours worked is of a limited nature.
It certainly does not have to be 22 hours.
Posted: Sun Nov 25, 2012 8:44 pm
by shahzebsaeed
Obie wrote:The employment has to be effective and genuine, and not marginal or ancilliary for the activity to be considered as work within the memaning of community law. There is no fixed time and the CJEU formally ECJ has found in some case that 5 1/2 hours of work a week could be considered effective and genuine.
The duration of the work, the money earned, the holiday or annual leave entitlement, would all be in play if the hours worked is of a limited nature.
It certainly does not have to be 22 hours.
Thanks you very much
She has been working in the same place for the past 3 years (got payslips to prove that even) contracted for 13 hours but most of her payslips has more than 20 hours on it, she is entitled to 27 days paid holidays too. Applying tomorrow then
