CHANGES TO SS ROUTE AND RC!! CLARIFICATION NEEDED!!

[rahmsye]

Hi I am British Citizen and my Wife is a non eea, We used the ss route and went to Ireland and lived there for about seven months, worked in various jobs settled there got swimming and even dancing memberships. I even transferred all my medical over to Ireland as I am diabetic, (laser treatment and other diabetic related treatments). We also got bak accounts and tennancy agreements as well as sky subscription and even mobile phone contract. My wife also gor pregnant but we lost our child mid pregnancy so we decided to apply for family permit and come to Uk as we were all alone no family members or friends to supports us through it all. Our daughter was born but passed away so she is irish.

We applied for rc when we arrived in UK about december 2016 however just today I noticed the changes to SS rc, mainly stating that I would need to be a jobseeker or worker ( iwas out of work for a few months until I got a job but then was let go and since been on esa and done some volunteer work here and there). It also states that I must not use the ss route to circumvent the current immigration rules I did not we only came here due to our daughter. Please can anyone explain if the caseworker would apply these changes to our application even though when applying the site was not updated. I have pasted the link below
https://www.gov.uk/apply-for-a-uk-resid ... ligibility


Many Thanks


rahmsye

[MrSlyFox]

Yes the changes apply to all applications made but not decided by the 25th of November 2016.

The British Citizen sponsor is now treated as if they were an EEA National so you must exercise treaty rights as a worker, student, self-sufficient. There are minor differences between the BC and EEA National excusing treaty rights such as the BC does not require CSI, however, their non-eea family member does (if the BC is not economically active i.e. as a student or self-sufficient).

You don't need to have anything for the first three months but then you must be a qualified person.
Have a look here: Free movement rights family members of British Citizens
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

( iwas out of work for a few months until I got a job but then was let go and since been on esa and done some volunteer work here and there).

* also volunteering does not count as work

[rahmsye]

Yes the changes apply to all applications made but not decided by the 25th of November 2016.

The British Citizen sponsor is now treated as if they were an EEA National so you must exercise treaty rights as a worker, student, self-sufficient. There are minor differences between the BC and EEA National excusing treaty rights such as the BC does not require CSI, however, their non-eea family member does (if the BC is not economically active i.e. as a student or self-sufficient).

You don't need to have anything for the first three months but then you must be a qualified person.
Have a look here: Free movement rights family members of British Citizens
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

( iwas out of work for a few months until I got a job but then was let go and since been on esa and done some volunteer work here and there).

* also volunteering does not count as work

Hi just to understand so I do not need CSI but my wife does she works in Starbucks does she still require it?

[MrSlyFox]

It only depends on the BC sponsor (your wife work doesn't have a effect on her rights as they are based on you). So if you aren't working yes she will require CSI.

[rahmsye]

It only depends on the BC sponsor (your wife work doesn't have a effect on her rights as they are based on you). So if you aren't working yes she will require CSI.

Hi thank you so much for your help

[mkhan2525]

Under the new regulations BC will need CSI if on return to the UK they are Self-Sufficient or a Student. The CSI cover only applies to the non-EU family member.

If BC is not Employed, Self-Employed, Self-Sufficient or a Student they can qualify in the Jobseeker category. It requires BC to only demonstrate they are seeking work and have a genuine chance of being employed. There does not appear to be a time limit on how long the BC can be a Jobseeker.

If you can prove you are seeking work by applying for jobs and have received invites to interviews, you should be fine otherwise your only option is to prove self-sufficiency and you don't appear to meet the criteria as you are claiming ESA benefit.