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EU Citizen Exercising Economic rights

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

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ENM
Newly Registered
Posts: 5
Joined: Mon Jul 16, 2018 8:03 am
South Africa

EU Citizen Exercising Economic rights

Post by ENM » Fri Oct 12, 2018 11:27 am

Hi All

First I have my EEA Permit so yay! Leaving around 27 Nov for UK

As I understand it: as long as my wife (who is an EU citizen ) has work she is exercising her economic rights. - I know there are other ways but this is the way we have elected to do it.

My Question: Does temporary work count as well? Is there a minimum wage she needs to get?

Second question: If We both got Comprehensive sick insurance and I was working and she was not but I was supporting her would that also count as her exercising her economic rights?

Thanks
Regards

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
Mood:
Italy

Re: EU Citizen Exercising Economic rights

Post by NikiGio » Sat Oct 13, 2018 5:27 pm

Congrats on the EEA permit 👍
ENM wrote:
Fri Oct 12, 2018 11:27 am
My Question: Does temporary work count as well? Is there a minimum wage she needs to get?
Yes - temporary work counts and technically there's no minimum threshold, so long as it is not what the HO call "marginal or supplementary" work. 

With reference to the criteria for qualified persons - look at p.11-12 of the internal HO guidance document for HO staff:

https://assets.publishing.service.gov.u ... s-v5.0.pdf

Workers
"A worker is an EEA national who is exercising their free movement rights in the UK by working in paid employment on a full-time or part-time basis."

"Assessing whether the EEA national is a worker
While there is no minimum amount of hours which an EEA national must be employed for in order to qualify as a worker, the employment must be genuine and effective and not marginal or supplementary.
[...]
Marginal means the work involves so little time and money that it is unrelated to the lifestyle of the worker. It is supplementary because the worker is clearly spending most of their time on something else, not work."

ENM wrote:
Fri Oct 12, 2018 11:27 am
Second question: If We both got Comprehensive sick insurance and I was working and she was not but I was supporting her would that also count as her exercising her economic rights?
Yes - in that case, she would exercising her treaty rights not as a worker, but as a self-sufficient person. At the moment, self-sufficient persons and their partners need CSI.

But when Settled Status comes into place in March, it looks like CSI will not be a requirement.

Have a look here:

https://www.gov.uk/settled-status-eu-citizens-families
I am not an immigration lawyer. My comments are opinions, not legal advice.

ENM
Newly Registered
Posts: 5
Joined: Mon Jul 16, 2018 8:03 am
South Africa

Re: EU Citizen Exercising Economic rights

Post by ENM » Mon Oct 15, 2018 7:43 am

Hi NikiGio

Thanks allot for your response

It is greatly appreciated :D

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
Mood:
Italy

Re: EU Citizen Exercising Economic rights

Post by NikiGio » Tue Oct 16, 2018 2:02 pm

No prob, good luck! 8)
I am not an immigration lawyer. My comments are opinions, not legal advice.

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