How to Qualify for EEA2 (UK Residence Card)

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How to Qualify for EEA2 (UK Residence Card)


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Old 7th January 2014, 07:56 AM
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Default How to Qualify for EEA2 (UK Residence Card)

Hi All,

I'm in need of your valuable advice. Our situation is as follows:


1. I'm a Swiss national female, living in the UK since around 3 months. I'm actively looking for a job, but havent been successful so far. I have a UK National Insurance Number.

2. My husband is an Indian national, and is working here on a Tier 2 visa that is valid until mid-2014. His company has sent him here from India and he is expected to return when the visa expires.

3. All expenses are currently taken care of by my husband. We have individual bank accounts, but are planning to make one of our accounts (probably mine) a 'joint account'.


We now wish to apply for the EEA2 visa (UK residence card).


I'm unable to locate any financial guidance on this matter, hence ...

- Do we have to maintain a minimum bank balance for a certain period of time?
- Does his job (which continues here in the UK only until mid-2014) count as evidence of income, if we apply now?
- Do i need to find a job, for us to 'qualify'?
- If so, does my job have to meet certain requirements (in terms of 'income', 'permanent employment', etc.) for the application to be stronger?
- What are some of the other requirements to be met in order to qualify?


Thank you for your help!

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Old 7th January 2014, 04:20 PM
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I am going through somewhat the same situation (but I am the non-EEA spouse). I have been refused the residence card and I haven't figured out what to do next, but from my experience the most important thing is to show that you are a qualified person (exercising treaty rights). So first you have to choose what kind of qualified person you are. I took the jobseeker route and I wasn't successful, according to the Home Office, because my EEA national couldn't demonstrate that he was actively seeking for a job or attending interviews. So think a bit about how you are going to prove that you are a qualified person.

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Old 7th January 2014, 06:41 PM
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Hi,

If both of y'all have the exact same condition/situation, then refer to Section 9 of this form: http://www.ukba.homeoffice.gov.uk/si.../eea/eea21.pdf.

Animo
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Old 8th January 2014, 07:18 AM
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Hi silvilunazul AND Jrge, Thank you for your replies.

I understand that there are different categories to come under, such as self-sufficient, employed, job seeker, etc. But my confusion lies mainly with the financial requirements.


I (EEA citizen) am still hoping to get a job within the next couple of months and then proceed with my application for a residence card for my husband (non-EEA citizen). His tenure here in the UK expires mid-year. If we dont apply by then, we may have to leave.


When i get a job, i thereby am fully exercising my treaty rights as a EEA citizen.

Hence, does my job have to pay a minimum salary for them to consider it sustainable for TWO people?

Do we additionally have to show a minimum bank balance amount (savings), to prove that we will not recourse to government funds?

Can i apply for a residence card right after starting my job, or should i be on the job for a minimum of a certain time?


Thanks for your kind advice.

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Old 8th January 2014, 07:34 AM
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Hi,
Quote:
Originally Posted by Rocky17 View Post
Hi silvilunazul AND Jrge, Thank you for your replies.

I understand that there are different categories to come under, such as self-sufficient, employed, job seeker, etc. But my confusion lies mainly with the financial requirements.


I (EEA citizen) am still hoping to get a job within the next couple of months and then proceed with my application for a residence card for my husband (non-EEA citizen). His tenure here in the UK expires mid-year. If we dont apply by then, we may have to leave.


When i get a job, i thereby am fully exercising my treaty rights as a EEA citizen.

Hence, does my job have to pay a minimum salary for them to consider it sustainable for TWO people?.....NO.......

Do we additionally have to show a minimum bank balance amount (savings), to prove that we will not recourse to government funds?......NO UNLESS APPLYING VIA SELF-SUFFICIENT.......

Can i apply for a residence card right after starting my job, or should i be on the job for a minimum of a certain time?


Thanks for your kind advice.
OPTION # 1:
You can use your spouse's income and apply via self-sufficient. Submit all suggested supporting documents as per EEA2 form.

OPTION # 2:
Find yourself a part-time job, where minimum weekly hours are 15. Examples of this type of job could be, and is not limited to: waiting on tables, serving coffee, cleaning, security, grocery stock person, cashier/teller, among others. Average hourly wage is 5.15; and could apply for both, EEA1 - EEA2 as soon as you get a contract of employment and/or your first payslip.

Animo
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Old 8th January 2014, 10:40 AM
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Dear Jrge,

Thanks for your kind and helpful response.

I now have further questions, regarding what you mentioned :-)

1. Applying for the residence card my husband, if i went for the self-sufficient option, rather than the Jobseeker category, do you know how much savings (bank balance) i would have to project in order to qualify? I understand this amount should have matured (and not fallen below a certain minimum level) for a certain amount of time before applying?

2. What if my husband (non-EEA) had a Swiss residence card (called 'Aufenthaltstitel B'), which is renewed year on year (which he is entitled to as the spouse of a Swiss citizen (me))? I understand this is restricted to Schengen countries and doesnt entitle him to stay or work in the UK.
Could he still apply for EEA1 or EEA2? Or would the two conflict with each other in any way?


Thanks for the help!

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Old 9th January 2014, 03:26 AM
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Hi,
Quote:
Originally Posted by Rocky17 View Post
Dear Jrge,

Thanks for your kind and helpful response.

I now have further questions, regarding what you mentioned :-)

1. Applying for the residence card my husband, if i went for the self-sufficient option, rather than the Jobseeker category, do you know how much savings (bank balance) i would have to project in order to qualify? I understand this amount should have matured (and not fallen below a certain minimum level) for a certain amount of time before applying?

2. What if my husband (non-EEA) had a Swiss residence card (called 'Aufenthaltstitel B'), which is renewed year on year (which he is entitled to as the spouse of a Swiss citizen (me))? I understand this is restricted to Schengen countries and doesnt entitle him to stay or work in the UK.
Could he still apply for EEA1 or EEA2? Or would the two conflict with each other in any way?

Thanks for the help!
1. No amount needs to mature nor remain at a certain level. That's for UK immigration matters, and not for EU matters. However, I've always advised to conservatively show the equivalent of 6 months of living expenses in savings.

2. I'm not quite aware if he could retain/hold two residence cards at the same time. I highly doubt it.

Animo
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Old 17th April 2014, 06:58 AM
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I applied for eea2 for my husband. Since we have a new baby I could not work. So i applied as myself being selfsufficient and my husband working as selfemployed as a subcontractor for an agency. We got a refusal with right to appeal and retention of my husband's non-eea passport.

Now we have a solicitor doing everything. She said not to appeal. And that as self sufficient or self employed they can always refuse the application. But exercising treaty rights as employed they can't say no. I was offered a job anyway and will start in a couple of weeks. So I will reapply as me being employed and this should be fine.

If you want not to go through a lot of crap and discrimination from them, it is best you get yourself any type of job and then apply.

The only thing now I'm not sure about is for the new application that I don't have my husband's passport. But my solocitor will figure that out.

I've heard stories that solicitors ask for lots of money, like over 1000. But mine just 500, I guess that is ok. And she knows what she's doing. She gave me all the tips for what is right to do and could do all myself then, but I do need her in the future so don't want to harm my relationship with her. She even gave me discounts as I have paid consultation fees before. So it's down to 400+vat.

If I knew the eea2 would be refused, I would have paid her to do all in the first place to save me and my husband from a lot of stress we're going through.

So best to do is exercise treaty rights as employed!!! You won't need a solicitor to apply. Just know how is best to put the problem in front of the HO.

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Old 17th April 2014, 07:17 AM
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Discrimination? I see that term used a lot on this forum and in life. It is not discriminatory to insist you meet the rules and correctly fit the criteria before granting any type of leave/stay in any country.

It belittles the battle of many facing real discrimination day in an out to suggest that it is.

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Old 17th April 2014, 07:22 AM
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And common use of pejorative terms like 'crap', which does nothing to advance your cause. I always say to have success you work with Home Office, not against them.

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