EU FAMILY VISA EXPIRATION + PROBLEM

[zoe14]

Hi,

The EU Family Visa is about to expire in 5 months time but the sponsor (EU) is only earning £100/month as a self employed (working for 35 hours) and is staying at home with the children whilst the NON-EU is in full time work (earning £1,200/ month).

Will this create any problems in the renewal of the visa as the EU Sponsor is not earning enough?

What are the grounds of an EU exercising his rights in the country? He has only lived here for more than 5 years and had continuous employment of 3 years within this timeframe.

Please enlighten where to proceed

[obormot]

They have certain rule for what constitutes “genuine employment”. If EU does not meet those, she can apply as “self-sufficient, relying on non-EU partner’s income, ut then she has to have private insurance. If there was no insurance when she did not work in the past, then she cannot apply for PR. Hence, there are 2 options:
Either apply for Residency certificate for 5 years again, or wait until “settled status” applications are allowed and do that (it seems there will be no insurance issue there, or even exersising treaty rights issue, one just will need to show 5 years of living in UK).
You can do both.