Youth Visa -> EEA2 permit?

[sodsai]

Hi everyone,

I've come across this forum whilst trying to get a better understanding of my husband's and my situation.

He is an Australian citizen, I am an EU citizen. He arrived in the UK almost two years ago on a Youth Visa, which is due to expire soon. We have been in a relationship for over 18 months and got married two weeks ago. I have just finished an MA, and am now working four days a week as an unpaid intern (only expenses get reimbursed at around £120 per month), and will start a weekend job next week earning around £400 per month. He is working full time, earning £22k+. We have lived together and had a shared bank account since March '12.

I would like to send off our EEA2 application as soon as possible, but want to ensure I am avoiding any possible traps that could lead to a rejection. The application form seems to be pretty straight forward, but I am uncertain as to what I should put down as my 'form' of exercising my treaty rights. I have received support from my parents to pay rent whilst being a student and received other payments (child support money from my father, a scholarship) in the past. As I have now finished my degree I will be largely reliant on myself, using my weekend job and some savings (around 1k). I am aiming to start full time employment after my internship ends in May.

I understand that he is not technically required to apply for an EEA2 permit, so would it be smarter to wait until I am completely settled, so as for them not to question whether I'm at risk of becoming a burden for the state? At the same time, my boyfriend hasn't been back home in almost two years and wants to go soon, so pushing back the application date might lead to him not seeing his friends and family at home for another year. Has anybody had any experiences in attempting to re-enter the UK with proof of marriage/work/joint address so as to show their legal right of living in the UK as an EU spouse?

My head is spinning with all the reports and websites I have read, so please forgive me if I am being unclear whilst rambling on. Let me know if you need any further clarifications, I would appreciate any experiences you could share or pointers you could give me.

Thank you!

[EUsmileWEallsmile]

It would be very easy to apply as a worker, but the work must be genuine and effective. For self-sufficient you would need comprehensive sickness insurance.

If you anticipate full time work soon, it might be better to wait until you are doing that.

[sodsai]

Hi EUsmileWEallsmile, thank you very much for your reply!

You are definitely confirming what I have assumed.. Just to be sure though, legally he is definitely possessing the right to live and work in the UK as he is married to me, is that correct?

Coming back once more to him going home: If he were to leave the UK to go to Australia without the EEA2, would it be a big issue to be allowed back in? Given that he doesn't need a visa to travel to the EU as a tourist, would it work for him to just attempt to enter without any visa?
Alternatively, would a copy of our marriage license and proof of address be sufficient to be allowed in? (Please note that I might not be travelling with him)

One more point, how soon would I be able to apply as a 'worker' after starting full time work? As in - how soon would they deem it to be a stable position?

Thank you so much for your reply, it's very hard to sift through all the available information, as some doesn't apply and some might be outdated.. It's much appreciated!!

[EUsmileWEallsmile]

As long as you are either a worker, student or self-employed person, your family members are allowed to be with you.

A person can enter the UK with proof that they are a family member who is living in accordance with the regulations (ie living as per the first paragraph above).