EEA(FM) spouse condition

[lisa238]

I am a full time worker (non EEA national) and I am married to a EEA person and he was working full time in April 2016, but left his job in 1st May 2016 voluntarily due to distance issue (currently still job seeking) and I then applied for for my EEA(FM) back in May, but I still have not received the decision letter yet.

I am quite worried about my application status, because when I applied for my family permit, my sponsor has changed his condition to job seeker from worker. Does anyone have any experience/information about what my application will likely to end up? Thank you.

[lisa238]

I mean that will my husband still be considered as a qualified person because he is still looking for jobs

he left the job voluntarily

[Casa]

The EEA Regulations 2006 were amended on 01/07/2016 as follows:

A jobseeker will be considered as exercising treaty rights or having ‘retained worker status’ in the following ways:

They previously enjoyed a right to reside in the capacity as a jobseeker for 6 months and found employment or exercised another treaty rights in another way
AND
Provide compelling evidence that they continue to seek work and have a “genuine” chance of being engaged, in order to retain worker status beyond six months


It appears that your husband has been a job seeker since April 2016 - 9 months.

[Obie]

Well that is what the guidance says, and even the Regulations. However very compelling reason has no basis in law.

The test is a person is actively seeking work and has a realistic prospect of securing employment.