I am a Russian citizen living in the UK on a spouse visa (married to an EU national). When I was applying, one of the conditions of getting a visa was that my wife had a full-time job, which she has. Now we've moved together and I found a good job for myself, which makes a comfortable living for both of us. So my wife and I were talking about her leaving her current job in order to find a better one, which can mean her being without a job for several months. Will that be a problem for my visa? Does my wife still need to have a job after I received a visa? I think she can't have a jobseeker's status either, because we earn enough as a family.
2 Answers
Has she been in the UK for 5 years now (as a qualified person) aka is now a permanent resident?
If yes. Well done, nothing to worry about. 👏
If not, then she needs to be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient) for you to be allowed here.
Seems like there are two roots for her:
Looking for work. For up to 91 days just saying that she's looking for work should be fine but if she's looking for work for more than 91 days she needs to have proof (in case asked) that she is actually actively looking for work and has a genuine chance of getting hired.
Self-sufficient. Means need to have enough money to support herself and yourself without becoming a burden on the UK's benefit system (which includes the possibility of her not working and you as a non-EU national working as long as your money is available to her) AND(!) having a comprehensive private medical insurance for herself and you.
Though if she is Croatian then the fine print states she cannot be considered as a jobseeker.
More on the qualified person status - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/588174/EEA-qualified-persons-v4_0EXT.pdf
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But be careful. The example in the linked document reads "For example, their non-EEA spouse may have permission to work in the UK under the Immigration Rules and be providing financial support to the EEA national from their income alone"; that's not the case here because the permission to work would come from the EEA regulations instead of the immigration rules.– phoogOct 14, 2017 at 1:48
Better to look for a new job before quitting the old one. This will avoid the question you asked and, as a general rule, you are more attractive to a new employer when you are already employed versus unemployed.