EEA Nationals and Self-Sufficiency: Whose Resources Count?

[askmeplz82]

The problem appears to be that the Home Office has asserted, at least in one recent decision, that:

The non-EEA family members cannot work in the UK until after the EU citizen has established that he or she is a worker under the (UK) Regulations and (EU) Directive; and
The income of the non EEA family member cannot be taken into account to decide whether the EU citizen is self-sufficient.
The source of this rather surprising understanding of the EU Directive is a 2007 judgment of the AIT (before its elevation in status) by judges Storey and Grubb and is entitled AG [2007] UKAIT 00075. Just before addressing the legal argument, I would note that this judgment is over seven years old now and there has been quite a lot of jurisprudence from the Court of Justice of the European Union (CJEU) on the subject


more read this bog


http://www.kingsleynapley.co.uk/news-an ... rces-count

[Universal soldier]

Many members especially you yourself has made hundreds of threads about self sufficiency and we always concluded that:
**If EU national is only self sufficient on the income/funds of its non-EU partner then non-EU national should have independent work visa which enables him to generate those income. Or
**If non-EU national has no independent work visa but married to EU national then the EU national should have some savings at initial stage which EU national self sufficient and then if non-EU national work the those funds will be legally derived and can make self sufficient too to EU national. Its like chicken and eggs rule.

Note:
The more you search/think/ask the more you will be puzzled and a lot of blogs/solicitors websites are marketing oriented.

[askmeplz82]

I know just sharing because some member would prefer to listen to a solicitor not us