OK - here are my 2 cents (or, I guess, pennies), largely based on http://ec.europa.eu/commission_barroso/frattini/archive/guide_2004_38_ec_en.pdf:

The Directive provides that workers and self-employed persons have the right to reside without any conditions other than being a worker or self-employed person. If you belong to this category (which you do - you are not a so called "inactive person"), your husband has the automatic right to join you.

You also have the right to equal treatment (as UK citizens). Thanks to the principle of equal treatment you are entitled to most of the advantages and benefits (including notably all the social and tax advantages) as granted by the host Member State to its own nationals. This includes the kind of benefts you list in your posting.

*If* you did not work and became an "unreasonable burden" to the social assistance system, *you* could be expelled from the UK (unless you have acquired the status of a permanent resident after 5 years). However, this does not apply to your husband alone. If they don't let him in because of insufficient funds, they would have to be consistent and kick you out, too. ;-)

I strongly suspect that either the case worker was not correctly informed - or they suspect that yours is a marriage of convenience. But in this case, they should tell you that.
Asking you to get off benefits sounds like an idiotic advice to me. I wouldn't even think about it.

I suggest you write to Solvit and see what they say.
Good luck!
Sebastian

 

Re: Thank you

No job offer needed.
I don't know what the best procedure is in your case. Maybe somebody else can help - but in any case wait for Solvit to get back to you.
I have also heard that it is easier to get a family permit once you are inside the EU. So your husband could apply for a Schengen visa, which he should get quickly and for free (although I do not know whether the fact that he will presumably be travelling alone is a problem) and then apply from whatever Schengen country he is in. But I have no idea whether that is indeed the way to go.

 

Liz,
Uk SOLVIT-UK are the wrong people for any advise.They are filled with negetivity.
You best option is the EU justice office.Send email to the following for a advise Michal.MEDUNA@ec.europa.eu,Marguerite-Marie.BRENCHLEY@ec.europa.eu
My 2 cent advise,British High commission in Ghana are quite arrogant and ignorant of the EU directive.A friend had a similar experience trying to bring here children and the issue was treated under the Immigration rules.
Send me a PM for a personal tip.