EEA2 via surinder singh route and economically active/inactive EU spouse

The request was partially successful.

Dear Home Office,

I kindly need some clarification from you about the EEA2 application and the Non- EU spouse of British national being economically inactive in UK.

If a Non-EU spouse, who is married to a British national and they both lived and worked in another EEA state and then managed to get the EEA Family permit and now back in UK, what conditions are there for the Non-EU spouse to apply for the EEA2 Residence Card.

My first question is:-
As it is clear from the EIND judgement that the British spouse does not have to be engaged in any economical activity when they return back to UK after exercising treaty rights as a worker in another EEA member state but

1.) Is there any requirement for Non-EU family member who comes back to UK with their British national to be economically active to apply for EEA2 Residence card and EEA4 PR after 5 years.

Can Non- EU national apply for EEA2 immediately after coming to UK and after 5 years apply for EEA4 even though they are both un-employed?

2.) If Non-EU family member has to be economically active then is there any specific income they have to earn and does it has be to continuous 5 years employment without any break?

3.) If Non-EU family member has to be economically active then how many weeks or months of unemployment is allowed in each year up to 5 years till EEA4?

4.) Can British national claim any benefits during the 5 years of EEA2 and if they can which types of benefits they can and which they can not? if they will receive any benefits will it effect their Non-EU spouse's EEA2 and EEA4 application.

5.) Can Non- EU national claim any benefits during the 5 years of EEA2 and if they can which types of benefits they can and which they can not? if they will receive any benefits will it effect their EEA2 and EEA4 application.

6.) Last question is about self sufficient category.If Non-EU spouse unemployed most of the 5 years of EEA2 then do they have to be self sufficient?

If Yes, then if both British national and their Non- EU spouse have EHIC cards issued by other member state, where they previously lived and worked, do they have to just use that or buy the comprehensive sick insurance for next 5 years or they can use the NHS services and how much of savings they have to show to prove self sufficiency.

Yours faithfully,

Singh

FOI Requests, Home Office

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Dear FOI Requests,

I am still waiting for your reply.you must reply to this email by today 21/04/2015 the latest . Waiting for your reply.

Yours sincerely,

singh

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

Dear FOI Requests,

Exactly after a month of submitting this request, got the same automated reply from you today , which says that if the request is valid, you will reply in 48 hours. So the whole month was not enough to check if this request was valid or not .

can I request for the reply of my request instead of these automated replies.

Yours sincerely,

singh

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

FOI Requests, Home Office

Dear Singh,

Your original email was not dealt with as an FOI but as an enquiry.. it was sent to the Public Enquiries Unit and I have now resent it.They will deal with or are dealing with your request accordingly.

Please see the "PLEASE NOTE" section in the automatic reply email that you originally received.

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DMC (Croydon), Home Office

Dear Singh,

Thank you for your email.

Please see the link below to the EEA Modernised Guidance for further information about applications made under the judgement ruling of Surinder Singh. This should provide you with the information that you have asked for:

https://www.gov.uk/government/uploads/sy...

I have also provided you with a link to the EEA FM form which will provide you with further information regarding what information you will have to declare in an application and what supporting documents you should provide:

https://www.gov.uk/government/publicatio...

We are unable to answer your queries about accessing public funds. You should contact your local authority for further advice about this.

If you have any further queries in relation to a European application, you may wish to contact the European Enquiries Helpline on 0300 123 2253.

Yours sincerely,

| Customer Service Advisor
UK Visas and Immigration | Home Office | Customer Contact Centre | Ground Floor | Vulcan House - Iron | Sheffield | S3 8NS | Tel: 0300 123 2253
Accredited to the Customer Service Excellence standard

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