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Can income be combine to work out self employed income
Posted: Mon Apr 02, 2018 8:44 am
by Abeythedon
Did home office consider only the income of the EU national or they consider both the EU National and the partner, a friend non-eu national earn £37,000 a year and the wife eu national only earn around £5000 to £6000 per year.
Eea4, 2nd appeal refused.
Posted: Mon Apr 02, 2018 8:53 am
by secret.simon
Abeythedon wrote: ↑Mon Apr 02, 2018 8:44 am
Did home office consider only the income of the EU national or they consider both the EU National and the partner, a friend non-eu national earn £37,000 a year and the wife eu national only earn around £5000 to £6000 per year.
The Home Office is not considering the family income. What they are assessing is whether the EEA citizen (and only the EEA citizen) is exercising treaty rights by engaging in "genuine and effective" work.
If the work is deemed "marginal and ancillary", the EEA citizen and therefore all non-EEA family members are not legally resident in the UK.
The EEA citizen must exercise treaty rights by either working (meeting the "genuine and effective" standard") or by being self-sufficient (by being dependent on their non-EEA spouse's income, for example) with CSI (private health insurance). Periods of self-sufficiency do require concurrent CSI for that period to count as residency for the purposes of EU law.
Re: Can income be combine to work out self employed income
Posted: Mon Apr 02, 2018 11:12 am
by Obie
I have had to split this topic from the other one as it seems to be different and appears to be hijacking the other one.
Re: Can income be combine to work out self employed income
Posted: Mon Apr 02, 2018 1:51 pm
by Abeythedon
so what advice can you give, the eu national has been working for the past 5 year, some years are more than what is required but like 2 years is around £5000 to £6000 per year