Immigrationboards.com

Hi there.

Recently I got my Residence Card Permit as my wife is from Europe. (I am from South America).
One of the conditions for this permit, is that she has to be under treaty rights (working, self employed,etc).

She is working at the moment, but I have got a job offered in another city, meaning that she would stop working for a while, or whilst she finds another job in that city.

My question is: Is she still under treaty rights if she registers as a job seeker?

Thank you
FSC

You dont have to be under the same roof to qualify. Provided your marriage is genuine, you can still live under different addresses and qualify. If it a different city outside the UK, then things might be slightly complicated.

Thank you for replying.

Our idea is to actually move both of us to this new city, which means she will not be able to work for a while.

As my residence permit says that it is valid as long as she is under treaty rights, will I still be OK if she is a jobseeker?

Does she have to register? We do not want her to claim any benefits, but on the other hand to register herself in order to "proof" she is looking for a job?? Is this OK?.

I have read the information from the EEA home office section, and I have not seen anything regarding a couple changing of city and hence the EEA staying without a job for a while.

Thank you again,

Gaps between employment are allowed.

If this is a short gap (few weeks), she would probably not need to prove anything later on. If this becomes longer, then evidence of her job seeking (registering with recruitment agencies, sending application Etc) would be required. Sometimes JobCentre will not allow you to register without claiming benefits. In that case, she should just keep evidence of her other job searches.

It would be easy for your wife to continue to exercise treaty rights; she could be a self-sufficient person and rely on your income(requires sickness insurance); she could get another job (be imaginative, it can be part-time and / or temporary).

If she were to voluntarily leave her job, she would not necessarily retain her status of worker. It is worth studying article 7 of directive 2004/38/EC.

Thank you very much for your help. I really appreciate it.

The idea is that she starts looking for a job ASAP, but we know that in some cities this is not as easy as you would like it to be, and I want to be strictly following my residence permit "rules" (otherwise I would not change my job).
I will check the sickness insurance. and about the Jobcentre.

Thank you again.

FSC