Retention of the Right of residence and treaty rights

[dinushka]

Hello,
I just have a question that I'm going to apply for retention of the right of residence after divorce with my EEA wife. I do job of 20 hours per week only. Am I exercising of treaty rights with this job of 20 Hpw, after getting the RoR? or not? Is there any minimum limitation of working hours to show the exercise of treaty rights????

[EUsmileWEallsmile]

Work needs to be genuine and effective (from what you post, I imagine that yours would be - 20 hours).

[dinushka]

thanks for reply but what do you mean by "effective"? And do you/does somebody know that for how long or what maximum period of time, I/somebody (retained the right of residence holder) can be out of work and out of UK that your exercise of treaty right will not be effected for PR?

a very technical question i think.

[dinushka]

Does any body know about my question? that maximum period of absence from UK , and maximum period of time with no job, will not effect the exercise of treaty rights?? ???

[Jambo]

If you are so impatient to wait for an answer, I suggest you read it yourself.

See Regulation 3 and Regulation 4.

[dinushka]

but there is not mentioned the time period of unemployment (when you don't do any job). even you are living in UK. some idea?

[Jambo]

As detailed in Regulation 4, under EEA regulations you can exercise treaty rights as:

- Worker (employed/self-employed and in some case job seeker)
- Student
- Self-sufficient (living off savings / partner's salary).

If unemployed, you can either be a worker (there are conditions to that) or self-sufficient (there are conditions to that).

There isn't a defined period to those but conditions that need to be met. Read the regulations to find out more.

I suggest you also read Regulation 10 (5) & (6).