Second EEA1/2

[nemerkh]

I posted a question in the referendum section but this section might be more appropriate. Have been in the uk for 9 years, on our 2nd eea1/2 now till 2017.
Question is, oir first eea3/4 was refused due to lack if self employnent evidence, what dies that make of our first 5yrs in the UK by law, were we legally residing in the UK from 2007-2012 on eea1/2? Thanks

[noajthan]

I posted a question in the referendum section but this section might be more appropriate. Have been in the uk for 9 years, on our 2nd eea1/2 now till 2017.
Question is, oir first eea3/4 was refused due to lack if self employnent evidence, what dies that make of our first 5yrs in the UK by law, were we legally residing in the UK from 2007-2012 on eea1/2? Thanks

Good question.
Whether you were illegal or at least 'technically illegal' is probably 'one for the pub'. (A lawyer's pub anyway).

What is certain is that If the EEA sponsor (Union citizen) was not exercising treaty rights in UK then you could all have become candidates for administrative removal from UK.

An individual may lose their right to reside and be subject to administrative removal if they cease to exercise a Treaty right

The family member of an EEA national may lose their entitlement to an extended right to reside in the UK, and be subject to administrative removal, if the EEA national ceases to exercise a Treaty right, or if the individual ceases to be a family member of the EEA national

Ref https://www.gov.uk/government/uploads/s ... val-v2.pdf

[nemerkh]

Thank you for the reply. However legally, obviously we got the eea1/2 initially on the basis of self employment, nothing changed for the first 5 years until they told us we were under the economical threshold of 70£/week. We then got a csi and reapplied for another eea1/2. Thats quite confusing.

[noajthan]

Thank you for the reply. However legally, obviously we got the eea1/2 initially on the basis of self employment, nothing changed for the first 5 years until they told us we were under the economical threshold of 70£/week. We then got a csi and reapplied for another eea1/2. Thats quite confusing.

A RC is not a 'visa'.
A RC doesn't grant any rights - it just confirms them.

A RC is only really valid (accurate) on the day it is issued.
For example, someone could be exercising treaty rights one day then stop the next week.
Someone could be a married spouse with an EEA sponsor one day and not married the next week.
The EEA sponsor could have left the country.
etc etc.

However the UK is not strictly compliant with EU law by applying its MET/PET tests;
EU law only asks that work (& self-employment) should be genuine and effective rather than marginal and supplementary.