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EEA RC for extended family - help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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knm812
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Joined: Thu Sep 10, 2015 12:07 pm

EEA RC for extended family - help

Post by knm812 » Thu Sep 10, 2015 12:20 pm

Hello everyone! I have a few questions about the EEA RC application for extended family members and would truly appreciate your help.

I'm an American unmarried partner (thus extended family member) of a Frenchman. I have an EEA family permit that started September 5th and expires March 2016. We are preparing to leave for England and have concerns about the RC application. My partner is currently employed in France and has given notice to his company. However, he will continue working for this French company remotely from the UK until January after which he will seek employment in the UK. The goal was to move now in order for him to pass the certification steps needed to work in his sector in the UK and not have a gap in employment while he does this.

My questions are:
  • Will his working remotely for the French company in the UK for a few months pose a problem?
    Is he considered a worker, jobseeker, or both if he's still currently employed and what docs should I submit in this case?
    When should I fill out the RC application knowing that processing times are long and that we are moving a bit late?
Thank you all so much for any advice you may have!

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: EEA RC for extended family - help

Post by vinny » Thu Sep 10, 2015 12:37 pm

You may fill in the residence card application when you have sufficient evidence that your partner is a qualified person in the UK, preferably before your EEA family permit expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

knm812
Newly Registered
Posts: 26
Joined: Thu Sep 10, 2015 12:07 pm

Re: EEA RC for extended family - help

Post by knm812 » Thu Sep 10, 2015 1:01 pm

Thanks for your reply. However I still don't know whether he would be considered a worker or jobseeker or if it's possible to be in two categories?

vinny
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Re: EEA RC for extended family - help

Post by vinny » Thu Sep 10, 2015 1:12 pm

I think that he is a "worker" if he works in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Ireland

Re: EEA RC for extended family - help

Post by Obie » Thu Sep 10, 2015 1:14 pm

He will not be considered a frontier worker, as he will not be going to France on a daily basis to undertake his work.

However, provided he obtains a medical insurance for the 3 of you, he will be able to qualify as a self sufficient person on the basis of his french earnings.
Smooth seas do not make skilful sailors

knm812
Newly Registered
Posts: 26
Joined: Thu Sep 10, 2015 12:07 pm

Re: EEA RC for extended family - help

Post by knm812 » Thu Sep 10, 2015 1:50 pm

Thank you for your insight! I had no idea that his working for his French company would qualify him as self sufficient. Would we then just submit the contract and pay slips as we would normally to prove working status?

chriskv1
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Re: EEA RC for extended family - help

Post by chriskv1 » Thu Sep 10, 2015 2:00 pm

knm812 wrote:Thank you for your insight! I had no idea that his working for his French company would qualify him as self sufficient. Would we then just submit the contract and pay slips as we would normally to prove working status?

Yes but you need to make sure that all 3 of you have CSI (Comprehensive sickness insurance )
Anger and intolerance are the enemies of correct understanding.
Mahatma Gandhi

E&OE. I'm not a legal professional.

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