Two questions about right of residence for EEA nationals

[mufasa]

Hi everybody. I have two questions:

First, let me introduce myself. I am a dual Chilean/Italian citizen. My girlfriend, who has only Chilean nationality, will be studying in the UK for one year, so I am planning to go with her and live in the UK for that period of time.

The first question: what happens after the initial three month right of residence expires? I am planning to work in part-time jobs (like as a waiter or as a sale person), is it enough to be a 'qualified person'? And if I don't work at all, will I be deported?

And then the second question: I've been told that when entering or living in the UK, despite holding an Italian passport, I may not be recognised as such because of not having lived at least two or three years in Europe (I have never been to Italy or Europe before, BTW). Is that true?

Thanks a lot in advance!

[seputus]

Hi Mufasa.

Part time work does count towards the point of exercising treaty rights and so that will be sufficient for you to retain residence.

If you don't work at all, you'd probably qualify on the basis of being self sufficient. However (and anyone - please correct me if I'm wrong) I think it is extremely unlikely for you to be deported unless you committed a major crime and brought attention to yourself in that way (and even then I think it's quite rare for EEA citizens to be deported from EEA countries) .

As for not being recognised because of not having lived in Europe, directive 2004/38/EC grants freedom of movement rights to "EEA citizens" - and as an Italian passport holder, you are indeed an EEA citizen.

[fysicus]

In very short, as an Italian passport holder you have an unlimited right to live and/or work in the UK as long as you do not need financial support from the government.
For a lot of practical details see these website:
http://www.ukba.homeoffice.gov.uk/eucitizens/
http://www.ukvisas.gov.uk/en/howtoapply ... snationals

[mufasa]

Great, thanks to both of you!