EEA2 Application and Breaks in Employment.

[rpb13]

Hi,

I recently applied for EEA2 and already received a CoA. My spouse who is an EU citizen just changed his job within one week after I submitted my application and there is a one week gap of him being 'unemployed'.

My questions are:
1. Will this one week gap affect his status of exercising treaty rights?
2. Is it necessary to submit a letter of employment / a contract / a payslip from his new employer with a cover letter explaining that he change his job?
3. Since 6 months ago we receive child benefit and child tax credit, are these public funds affecting the applications as they might consider it 'becoming burdens of the state'.

fyi, we've been living in the UK for 4 years, in continuous employment, and never claim any benefit until we have a baby.


please help, and many thanks!

[Jambo]

One short answer to all three questions:

No.

[rpb13]

thanks, but the change of job here means he voluntarily resigned from the first job before he took the second job a week later.

I am afraid if HO found out my partner is not working there any more and I do not send the new evidence they will assume my partner is losing his worker status and therefore my application is in trouble

[geriatrix]

3. Since 6 months ago we receive child benefit and child tax credit

Jambo, won't "receiving child benefit since six months" affect right of residence?

[Jambo]

1.3 The effect of public funds on an EEA national's right of residence and their eligibility to obtain a registration certificate
EEA nationals who are residing in the UK should generally be able to support themselves without help from public funds. EEA nationals who are exercising Treaty rights in the UK as workers, self employed persons or work seekers are able to claim public funds without their right of residence being affected.

So EEA national exercising treaty rights is allowed to claim child benefit (also according to John).

[Jambo]

thanks, but the change of job here means he voluntarily resigned from the first job before he took the second job a week later.

I am afraid if HO found out my partner is not working there any more and I do not send the new evidence they will assume my partner is losing his worker status and therefore my application is in trouble

If the HO ask for his updated status (I doubt if they will), just reapply with new evidence. You won't be in trouble. Have you already got evidence from the new workplace (payslips or a letter from employer)?

[rpb13]

I have already got a letter of employment but I am waiting for his payslip so I have two evidences.

And the old place where he worked before is like a small pub, they don't even have a letter headed paper or stamp or anything that makes that evidence look a bit more 'official'.

So, that's why I feel the urge to send the new evidence, but some people advise me not to send unnecessary documents unless they ask for it (otherwise it will delay the whole process)