Tunisian Claimant with A8 Inactive National

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  • #35173
    Anonymous
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    The claimant is Tunisian who came into the country from Poland with his Polish wife he claims on a EEA family permit in August 2007.

    Claimant applies for a NINO and starts work and applies for a residence card with the Home Office- he is still awaiting a decision and they still have his passport. The partner is an inactive A8 national as they stay at home with the child.

    I am unable to find anywhere where I can or cannot pay this, can some one point me in the right direction of the regs that apply to this. Thanks

    #98729
    Anonymous
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    The family permit is very similar in effect to a visa – it is a form of entry clearance that ensures the non-EEA family member of an EEA national will not be helkd up going through customs at the port of entry. But I do not think it confers any enduring right of residence.

    Non-EEA family members have the (strongly advisable) option of applying for a “residence card” (actually a sticky label) as evidence of a continuing right to reside. He has done that, but does not yet have a decision. In the meantime, it falls to you to consider whether you think he has a right of residence under EU law, and that in turn takes you to the economically inactive status of the Polish spouse. So it’s a “no” from me.

    If he is issued with a residence card (which is valid for five years) despite the principal European not appearing to have a right of residence, you enter a murky world of conflicting case law: [url]http://hbinfo.org/forum/viewtopic.php?t=12354.[/url] No-one really knows whether you can go behind the card, not even Messrs Rowland and Jacobs who seem to have made directly opposed decisions on the point within the last couple of months. Because the Jacobs decision was made in relation to a residence document issued after the commencement of the new scheme of documentation in Directive 2004/38/EC, you might find it marginally more persuasive. It was a “no” from him as well.

    #98730
    Anonymous
    Guest

    Just been looking at the directive in a little more detail and one of the criteria for the union citzen is if they are not considered to be a burden. Could it be argued that they are not a burden even though they do not work because the Tunisian national works.

    Or are the regs that tight that it is specific to the union citizen’s status in isolation of her partner?

    Thanks

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