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EEA family member. The MET test to employment !

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

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MustiTash
Newly Registered
Posts: 4
Joined: Wed Oct 19, 2016 10:42 am

EEA family member. The MET test to employment !

Post by MustiTash » Wed Nov 30, 2016 3:19 pm

Hi all, thanks for the great and useful contribution.

I applied for UKBA for 5 years residency card (eea2) in august 2016 on the following basis:
1. I am a family member of an EU citizen (married in UK).
My wife (who is the EU citizen here) is doing the following in the UK:
1. She is employed part time , 16 hours a week and receiving £500 a month .
2. I transferred £17k to her UK account so we argued that she is self sufficient too. We also have CSI covers us and our daughter (1 year old).

It just came to my attention that the UKBA started applying the MET test to whom the ukba will consider to be a worker in the UK. The test provide that, the minimum income must be £600 a month (my wife has £500).

My wife registered with the HMRC a self employed lately and she is getting round £600 a month from her self employemnt. However, we have not updated the UKBA about this change of circumstances yet. She is still part time worker (£500 a month). This is making her income round £1100.

I have paid our rent lately till May 2017 (I have not updated the UKBA on this yet).

My questions are:
1. Can we rely on self sufficiency from a fund which i transferred to her (£17k)? (I got this fund from my family, the fund is generated from our business from overseas)?
2. Do I have to get an accountant and sort her self employment asap and update the UKBA of this ? If so, what evidence I have to show for her to be considered as a self employed?
3. Would the UKBA consider the documents which we will send now for making the decision? Or would they only take into account the documents which are sent with the application in August?
I am traveling outside the UK in January for business so I want to make sure all is good in regarding to the fact that she is considered excersing treaty rights.

Thank you all in advance.

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA family member. The MET test to employment !

Post by secret.simon » Wed Nov 30, 2016 3:49 pm

MustiTash wrote:1. Can we rely on self sufficiency from a fund which i transferred to her (£17k)? (I got this fund from my family, the fund is generated from our business from overseas)?
Self-sufficiency with CSI for the EEA citizen and all non-EEA family members should be sufficient for the purposes of exercising treaty rights.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

MustiTash
Newly Registered
Posts: 4
Joined: Wed Oct 19, 2016 10:42 am

Re: EEA family member. The MET test to employment !

Post by MustiTash » Wed Nov 30, 2016 3:56 pm

secret.simon wrote:
MustiTash wrote:1. Can we rely on self sufficiency from a fund which i transferred to her (£17k)? (I got this fund from my family, the fund is generated from our business from overseas)?
Self-sufficiency with CSI for the EEA citizen and all non-EEA family members should be sufficient for the purposes of exercising treaty rights.
Thanks for your reply. Appreciated. So would they look at this fund as self sufficient? The source of the fund is my parents to me and me to my wife ? Any idea ? .

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