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Can non-EU spouse work, while EU spouse is unemployed
Posted: Sun Apr 28, 2013 2:32 pm
by acme4242
I am a NON - EEA nationality and my wife is an Italian citizen (EEA).
We are planning to move UK.
My wife is a job seeker at present (Just came out of college) . Is it possible to move to UK for me with EEA family permit if I got a job in UK and my wife is not working nor studying ?
A question I cannot answer, if the non-EU spouse intends to work
can this be considered potential self sufficient status for the EU spouse
so to satisfy EU treaty rights ?
How is this handled in EU law and UK law ?
What about the first 3 months
can the non EU spouse work even the EU spouse is not ?
What about applying for EEA family residence card ?
Posted: Sun Apr 28, 2013 2:49 pm
by Jambo
Yes. Can be self sufficient based on non EEA national. They will require CSI (private medical insurance) for both of them in that case.
For the purpose of the initial EEA Family Permit (if one is required), the intentions are irrelevant.
Posted: Sun Apr 28, 2013 3:05 pm
by acme4242
Can the non EU spouse apply for EEA residence card even his spouse is not working.
its a Chicken and egg situation, the non-EU spouse must be working for the EU spouse to be classed self sufficient.
If he is not working, she is not self sufficient.
Am I making this more complicated than it is.
Posted: Sun Apr 28, 2013 3:44 pm
by sheraz7
acme4242 wrote:Can the non EU spouse apply for EEA residence card even his spouse is not working.
its a Chicken and egg situation, the non-EU spouse must be working for the EU spouse to be classed self sufficient.
If he is not working, she is not self sufficient.
Am I making this more complicated than it is.
An EEA national can become self sufficient on the resources of any of its family members and even if she/he not working then any of its saving/bank balance can serve this purpose. For becoming self sufficient job income is not necessary. And there is no fixed amount as well.
Posted: Sun Apr 28, 2013 3:45 pm
by Jambo
First, the EEA national needs to prove to be self sufficient and then non EEA can work. If the non EEA can find a job before RC application is made (by using a EEA Family Permit or convincing an employer), then that's fine to support the RC application.
Similar Catch 22 exists with extended family member who are dependant on the EEA national. They are allowed to work which might mean they are not dependant any more which means they can't work so they become depdant again...