Hi,
My mind is in turmoil from our whole situation. Hopefully somebody can advice? We live in UK and are travelling on Friday to France and ultimately Czech Republic for my sister's wedding (car).
I (EU) have printed the Directive for free movement, I have our tenancy agreement and marriage certificate ready..since my husband's (NON EU) residence card expired. We have applied for PR as I worked for 4 years and was self-sufficient for 1 year..but UKBA kept sending papers back and asking for more evidence. At the same time my husband lost a job, so after going to 3 different solicitors and getting conflicting advice we just left it. He has a new passport now (South African) with nothing in it.
At the same time I have become carer to our youngest child who is disabled - we applied for JSA and HB and were approved. Once his residence card expired we transferred everything into my name as Jobcentre claimed they were advised by UKBA his immigration status has changed. I have luckily passed the Right to Reside and Habitual Residence test.
Now the problem is: I have realised last night that the Directive assumes the EU spouse (me) is exercising treaty rights..is this correct? Are they going to ask at the border for evidence of my work? I understand they should just do minimal check, but not sure if my husband's name is flagged up somewhere on the system.
Not sure now if we should even try it. Ironically my husband starts a new good job in October, and we will get off the benefits and live normal life again - but we cannot prove this.
I am not sure if passing the Right to Reside test (I have documents stating this) is akin to Exercising treaty right? Or should I just keep quite about it all and see what happens?
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