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✎ EN Explain exercising European treaty rights pls

Discussion in 'Immigration UK' started by sillym, Jun 10, 2008.

  1. sillym

    sillym New Member

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    I have been reading a lot of posts about EEa2 and a lot of them talk about exercising treaty rights. As I have mentioned in my previous post, my husband (EU) who is currently working is going to stay with our 10 months old son for the first month at the new place where I (non-EU) got a job and then he will look for work in the area. We have applied for my EEA2 on feb 26th so obviously have to wait and wait. Anyway, he has a lot of chances for locum work where we will be moving to. If he is actively seeking work, does it mean he is exercising his EU treaty rights and I should not worry that HO will not like the idea that I am working (non-EU) and he is not?My salary will allow us to be self-sufficient.
     
  2. Plum70

    Plum70 Well-Known Member

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    As I said in my post http://www.easyexpat.com/forums/ftopic_16336.htm there should be no major problems with you working and your husband actively seeking work.

    If you want to know more about treaty rights, see this http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter1.pdf?view=Binary

    Hope it helps
     
  3. 86ti

    86ti Active Member

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    Have a look here in Chapter 1 of "European Casework Instructions" on the UKBA web page . An EEA national is exercising treaty rights when he/she is a "qualified person" which also means someone who is activly looking for a job.
     
  4. untame274

    untame274 Member

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    eea2

    From my experience at the moment you would need to say your husband(EU) is acively seeking work which means excercising his rights as an EU national. I am in the same boat and had to ask my wife(EU) to actively look for work even though I did tick the box self-sufficient on my salary. reasoning is you may work while the eea2 is being processed and the eu national is seeking wokc actively!. Each case worker interprets it differently I found out the hard way, some could well be lenient other not so. I was asked to produce 2 payslips now for my wife(EU),NI,employmen letter and my bank statements since my wife was looking after my daughter. So my wife is looking for work actively! now and applied for NI as well and I need to send this as evidence for them to decide,so there you each case is different except the principle is EU needs to be excercising his/her rights....
     
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