Self-sufficiency for EEA/non-EEA couple?

[bunny80]

I am trying to find out if there are any EU countries where it would be relatively easy to get a residence card for my wife (US national). I am romanian and play online poker for a living. The BA rejected our applications on the basis that gambling couldn't possibly be an income (even though I showed them bank statements going back 15 months, with current savings of over £17k and total withdrawals of £85k for the whole period, screenshots of my poker accounts etc.).

We are still considering an appeal but meanwhile it would be great if we could find a EU country where this process is easier. I assume the lower income countries would be better since the money would last for longer. I wish they had some find of fixed requirements ( say ''having private health insurance, 40k euros in the bank and a lease for 6 months'', like a points system) instead of depending on a single individual's opinion . I am pretty sure now that mentioning poker was a mistake but I don't know how I could have explained all the regular transfers coming into my bank account every few weeks.

If anyone here has experience with self-sufficiency in any EU state I'd be very greatful if you could share it with me. Thanks!

[Obie]

Perhaps you should consider investing your money into self-employment activities, which is one way an A2 national can exercise a treaty right in the UK. That is provided it is your intention, and the business you will set up will be genuine.

I have come to the conclusion that a member state can argue that a gambler can loose all their proceeds in a day, and be left with nothing to sustain themselves and any dependant they may have. An appeal judge will see things through the UKBA spectacle.

If however, you choose to invest in business, rather than depending on the proceeds of the gambling, them UKBA will review your case. They will have to reassess it again, and the judge will compel on them to do so if they try to show any reluctance.

If you can convince the judge, which is highly unlikely, that the money you have in your saving will be used for your upkeep, you will be alright. However i am not sure they will be convinced, given the level of attachment you have to the activity.

If you want information on other countries, you are better of posting on the European or Ireland Section.

[Ben]

I think your mistake was mentioning anything at all to do with gambling.

If your wife was applying as the family member of an EU national who is economically self-sufficient, then bank statements as proof of funds should have been submitted, evidence of comprehensive sickness cover, and not a lot more.

As an EU national who is economically self-sufficient, it is not of the concern of the UKBA how you can afford to live, just so long as you can do so without becoming a burden on the social welfare system.

From your post, it would appear that the UKBA has decided that you have not claimed to be economically self-sufficient. Rather, you have claimed that gambling is your job. This opens a can of worms with regards to tax implications, security of income and so forth..

My advice - your wife should submit a fresh application. Make clear that you are economically self-sufficient, show them evidence of your wealth, show them that you've comprehensive sickness cover, and that's about it. Don't mention gambling.

[bunny80]

I wouldn't have mentioned gambling but this is what the solicitor advised us and we did apply as self-sufficient since poker isn't considered a trade

My advice - your wife should submit a fresh application. Make clear that you are economically self-sufficient, show them evidence of your wealth, show them that you've comprehensive sickness cover, and that's about it. Don't mention gambling.

Wouldn't we have to appeal first? Could we just make another regular application? But in that case, don't they already know about gambling since they must keep records of previous applications?

Perhaps you should consider investing your money into self-employment activities, which is one way an A2 national can exercise a treaty right in the UK. That is provided it is your intention, and the business you will set up will be genuine.

I guess I could invest something around £10k in some sort of business at the moment but wouldn't that take forever to become a right being exercised since they want to see I am making enough money to sustain both of us from it ? Well that and the fact that I have no clue what kind of business I could start.

[Ben]

I wouldn't have mentioned gambling but this is what the solicitor advised us and we did apply as self-sufficient since poker isn't considered a trade

A prime reason why solicitors are totally pointless for EEA applications.

Wouldn't we have to appeal first?

No.

Could we just make another regular application?

Yes.

But in that case, don't they already know about gambling since they must keep records of previous applications?

Possibly. I don't know how the UKBA file EEA applications.

[Obie]

Now that gambling has come to their attention, your BR applications will not succeed except you can convince them the money you have will not be used for gambling and you will never become a burden to the state.

Putting a new application for both of you might not reap dividend either.

There would have to be a material change in your circumstance for another application to be considered.