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Discussion Starter · #1 ·
Firstly, thanks to Jrge, Joppa and all the members who make this forum an amazing resource for people like me, who struggle with the sometimes complicated nature of visa applications and the limited information available.

I'm an Australian citizen, who has been living with my Dutch girlfriend in the UK for just over two years. We were married around 8 months ago and applied for an EEA visa in July.

My wife has been employed in various jobs in the UK over the last 4 years, though at the time of our application she had been a job seeker for 3 months. In the application we provided evidence that she was a jobseeker, as well as a letter stating she had been accepted for a job with a new employer for 8 hours per week.

Unfortunately, our application was refused, apparently on the grounds that my wife does not qualify as exercising her treaty rights.

Upon assessing the employer letter the Secretary of State has undertaken various checks to verify
the employment, but has been unable to do so for the following reason:

The letter states that your EEA family member is employed for 8 hours a week at £7 per hour. '
The Regulations 2006 define a worker as... someone who performs work which is ‘effective and
genuine’ and not on such a small scale as to be purely ‘marginal and ancillary‘. While work does
not have to be on a full-time or even permanent basis it must be sufficient. lt is the decision of ‘
this department that your EEA family member employment does not meet this criteria.

Whilst every attempt has been made by the UK Border Agency to establish your EEA family .
member's employment the burden of proof rests with the applicant to provide such evidence and
you have failed to do so.

It is therefore concluded that you have failed to provide sufficient evidence to demonstrate that
your EBA family member is currently a qualified person in the United Kingdom as a worker, as
detailed under Regulation 6 of the Immigration (EBA) Regulations 2006.
During the time it has taken to receive a response to our application, the previous visa I was on has expired, so I am now without a visa and eager to appeal or re-apply.

My letter states:

As you appear to have no alternative basis of stay in the United Kingdom you should now make
arrangements to leave. If you fail to do so voluntarily your departure may be enforced, in that
event we would first contact you again and you would have a separate opportunity to make
representations against the proposed removal. Help and advice on returning home can be obtained
from the Home Office on 020 8760 2290 between the hours of 9am and 5pm Monday to Friday.

...

If you appeal you do not have to leave the United Kingdom while the appeal is in progress.
However if your appeal is unsuccessful you must make arrangements to leave the UK
Please note that your entitlement to remain in the UK has solely been assessed on the basis of the
Immigtation (European Economic Area) Regulations 2006. If you consider that you are entitled to
remain in the UK on the basis of other Immigration legislation then please visit the Home Office
website and submit an appropriate application for consideration.

Alternatively, if you consider that you have a right to reside in the United Kingdom as a matter of
European law, and are in a position to submit the necessary information to support your
application for a residence card as recognition of that right, you may wish to submit a further
application for consideration.
Regarding a re-application, my wife is no longer a job seeker, but self employed. When we apply again, it will probably be on this basis. She has been performing small freelance work for most of the year, but as she only recently registered, she has not yet submitted a tax return and does her own book-keeping. Her total self-employed earnings this year only total £3000-6000.

My questions are:

1. Will her total earnings as self-employed count, or is only the proof that she is self employed required?

2. What evidence would be necessary to prove her self-employed status is sufficient for exercising her treaty rights? Given her recent registration, she hasn't yet completed any tax returns. I believe her total earnings would also be too low to qualify for NI contributions, but I'm not sure. She also does her own book keeping, would we need to get an accountant to go through the books and verify them in a letter?

3. Given that I am now without a visa, what would be considered a reasonable time-frame to make a re-application in?
 

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its strange that your initial application for residence card failed cos even with the 8 hours a week job it should have still been sufficient cos the directive dos not explicitly state a minimum number of hours and even case laws havent stipulated a minimum too.i find it rather odd u didnt appeal decision cos there is a high likelihood u will win or is it that u were still a jobseeker throughout the time of your application?
 

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Discussion Starter · #3 ·
its strange that your initial application for residence card failed cos even with the 8 hours a week job it should have still been sufficient cos the directive dos not explicitly state a minimum number of hours and even case laws havent stipulated a minimum too.i find it rather odd u didnt appeal decision cos there is a high likelihood u will win or is it that u were still a jobseeker throughout the time of your application?
I've since read (I think on this forum) that the minimum is 16 hours per week. Regardless, she is no longer working this part time job, as she's working on her freelance career.

Can anyone answer my above questions or give advice?
 

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Hi,
I've since read (I think on this forum) that the minimum is 16 hours per week. Regardless, she is no longer working this part time job, as she's working on her freelance career.

Can anyone answer my above questions or give advice?
If you are currently employed, I will then recommend you apply as being sponsor by a self-sufficient EU National by simply using your income. Also, I don't feel that earning £3k to £6k per annum as self-employed is enough to support yours or any application.

The extreme minimum salary/wages for a worker is £6,060 per annum, which is the bare minimum needed to survive in UK.

Animo
(Cheers)
 

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Discussion Starter · #6 ·
Hi,

If you are currently employed, I will then recommend you apply as being sponsor by a self-sufficient EU National by simply using your income. Also, I don't feel that earning £3k to £6k per annum as self-employed is enough to support yours or any application.

The extreme minimum salary/wages for a worker is £6,060 per annum, which is the bare minimum needed to survive in UK.

Animo
(Cheers)
Hey Jrge, thanks for your reply! She might just be over £6,060 with her self-employed earnings this year alone, which will obviously increase in the next few months, so this might be doable.

Do you know specifically what evidence would be necessary to prove her self-employed status? I've heard accountant's letters, evidence of NI contributions, and tax returns, is it any or all of these things? There doesn't seem to be any clear guidelines available.
 

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Hi,
Hey Jrge, thanks for your reply! She might just be over £6,060 with her self-employed earnings this year alone, which will obviously increase in the next few months, so this might be doable.

Do you know specifically what evidence would be necessary to prove her self-employed status? I've heard accountant's letters, evidence of NI contributions, and tax returns, is it any or all of these things? There doesn't seem to be any clear guidelines available.
Please carefully read section 7 here: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea21.pdf.

Animo
(Cheers)
 

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Hello Emmet! Just yesterday I discovered myself in your shoes! My husband's from Germany, I am from India. Moved here in May 2013. Entered the UK with EEA family permit and now got to leave because my residence card application was rejected. Either I can appeal or leave voluntarily.

Just want to know if your situation has changed ? What did you do after appealing ? Did you appeal ? How did it go ? Please answer if you can. Would appreciate it greatly.
 
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