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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My daughter is a German citizen and her husband and children

Resolved Question:

My daughter is a German citizen and her husband and children are here as EEA family members, her fourth child was born here.
She is a Homeschooler and so has not been in formal employment, but has started her own business which at this stage does not bring in much income.
Her husband and the older two children required to have their visa's extended as it is their intention to make their home here, but have been told by the home office that they no longer qualify as she as the EU national has not worked.
My question is simply, is this "ruling" compliant with English Law irrespective of the EU treatys?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If your daughter is self sufficient i.e. living off her savings and not receiving public funds, then she is exercising treaty rights in the UK and her husband and children should be allowed to stay in the UK with her.

Working is not the only way her husband and children qualify, so no, the "ruling" or decision is not in accordance with EEA regulations. EEA regulations are relevant here, not English law.

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Customer: replied 3 years ago.

They had received advice during the validity period of the EEA family visas that because she was home schooling, that this would be taken into account as exercising treay rights. What is your take on this?

They live off the husbands salary and do NOT receive public funds. You mention that working is not the only way her husband and children qualify - under what other circumstances would they qualify?

Expert:  UKSolicitorJA replied 3 years ago.
Treaty rights include being self sufficient, so she should explain that she was self sufficient from her own funds provided by her husband and that she should be enough to qualify.
All the best
Expert:  UKSolicitorJA replied 3 years ago.
I forgot to add, all of them need to show evidence of comprehensive sickness insurance as well to qualify under the self sufficient route.They can get this now if they do not already hold it. See page 3 of this guidehttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/285973/guideeea.pdfAll the best