Re: Form EEC1 Residence Document (Non-EEA family members of

"If you are applying on the basis that you are self-sufficient and/or are applying for your dependants on this basis please also provide: Evidence that you can support yourself financially in the form of a bank statement If you are economically self-sufficient by virtue of your spouse’s employment please send evidence of that employment as requested above ".

So according to this in EEC1 FORM your wife should be ok.She has to apply for residence permit with you and you as dependent.as you are supporting her and she is dependent.Your situation is something like CATCH-22,where one bureaucratic regulation is dependent on another, which in turn is dependent on the first.
I belive that would work.

YES



Regards

Triple H

 

Re: Form EEC1 Residence Document (Non-EEA family members of

Hi Shah,

The EU Freedom of Movement Treaty only gives rights to the spouses of other EU nationals when their movement is based on an economic rights or if they happen to be self-sufficent in their own rights.

At the moment your wife does not qualify to be entitled to a Treaty Rights mainly because she is your dependent. It is highly unlikely that your application based solely on your wife's nationality will be accepted as long as she is not working and depends on your income.

The only solution to go around it is for her to work to qualify you for Treaty Rights. It can be a full-time or Part-Time position, it doesn't really matter. But with her current status it is very likely that you would be refused an EEC Spouse Permit.

If she has worked previously and her situation have changed such as maternity or taking care of a kid, that can be argued out but without any mitigating reasons I don't see how you can get around it without her working.

 

Re: Form EEC1 Residence Document (Non-EEA family members of

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If you are applying on the basis that you are self-sufficient and/or are applying for your dependants on this basis please also provide: Evidence that you can support yourself financially in the form of a bank statement If you are economically self-sufficient by virtue of your spouse’s employment please send evidence of that employment as requested above ".
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Hi Triple H,

Can you point me to the above information in Form EEC3. I can't find it.

Thanks

 

You see EasyExpat thats where I think is CATCH-22.In order to get his residence permit,as spouse of EU national ,she has to apply,EEC1 FORM for residence permit first as selfsuficient person,as he is supporting her.He is legaly in the contry on work permit, and she is dependant on him.Once she gets residence permit he will have to apply EEC1 FORMas a person married to EU national(accession member) as dependant, as well!!!Thats why I thought EEC3 would be appropriate.I was wrong.
It is confusing...I will edit my previous post.

 

Re: Form EEC1 Residence Document (Non-EEA family members of

Its EEC1 FORM...HERE WE GO 7.6 paragraph

 

Hi Easy Expat,

I'm quite familiar with the situation as it applies in the Netherlands with these cases. An EU National (excluding Accession countries) who moves to the Netherlands for an uneconomic purpose (students, visitors etc, dependents of non-EU spouse) will only be issued a Resident Permit. In this case the non-EU spouse can only work in his or her independent capacity when employed by a company. His permit then is based on his work and not the EU-Spouse. If for example his contract ends he can only be entitled to a Dutch Resident Permit same as the wife but not a Work Permit

I advised an American chap who was in this same situation in the Netherlands. He moved down from the States with his Finnish wife. They bought a house had a baby and suddenly his company went bankrupt. His current permit was on behalf of the collapsed company and couldn't transfer the right to another company. The wife was nursing a baby and couldn't work. The authorities refused him an EU spouse permit because they claimed the wife did not move down to the Netherlands for economic reasons.

My advise to him was to get the wife to Register a Company in the Netherlands which automatically activated the wife's Economic Rights and entitled him to an EU-Spouse Permit which then enabled him move to another company free of any restriction.

This is the situation. The laws are not all that clarified and more complicated with the new accession country citizens!

 

As a matter of law both partners are not required to fill in any Form. But just like a British Citizen trying to pass through Immigration at Dover without a Passport. You will expect to be detained for at least half-a-day whilst the Immigration authorities try to trace you and your ancestral homes in the UK. Its just the inconvenience.

Secondly should the non-EU spouse want to apply for a British Passport sometime in the future, there have to be a date from which the IND will work out his residency entitlement. And if one doesn't register with the authorities it becomes difficult for that date to be determined.

 

If you are a national of one of the new member states and you are in employment, your family members will not be eligible for a residence document unless you are eligible for a residence permit.

In their case even she is not economicaly active she will have to hold residence permit in order for him to get one.She can get one in my mind if she applies to be his dependent,and he will get residence (as dependant)only/when she holds one.



That is mind boggling!

 

Right!

But will be given six-months to find work. Unfortunately that is the law unless the EU spouse can prove by some independent means that he or she has enough Funds to support both couple without being a burden on the State.

 

For the sake of argument lets say Mr Sah's contract ends. How does he get to stay in the country. The unemployed wife have to apply for a resident permit. She will be given a six-months permit to look for work. Same time -frame will be given to Mr Sah. If she is successful she can then apply for a Worker Registration Scheme Permit and the husband will be entitled to an EC Spouse Permit.

If she is unsuccessful, she will have to find a way of renewing the permit for another 6months otherwise the husband risks being treated as an overstayer beyond the six -months. Meanwhile until she finds a job the non- EU husband cannot derive any right to work.

 

There is a timeline to that. In most European countries its three years after marriage! Others also require that you are resident in the country. Different countries with different naturalisation rules.

 

The situation for Accession Member Nationals is much better in the UK as compared to any other EU Country. Most of the mainland European countries have restricted entry into their job market for a number of years. Its only the UK and Ireland where there seems to be less restriction