Re: Need Advise:Work permit for Non EU if married to EU Nati

Hi!

It's not for permanent residency straight away but for five years first. After that, he will get permanent residency - but unfortunately, only after another application round...

No - you don't have to. But it seems to speed up the process considerably if EEa1 and EEA2 are submitted together.

No need to wait - your (and his) treaty rights do not depend on having fulfilled an administrative formality. When you send in your application(s), you will receive a confirmation and this will state that he can work straight away.

It's probably a good idea to read through earlier threads here that deal with EEA2 and the application process/waiting ordeal, in case you haven't done so yet.
Hope this helps.
Sebastian

 

You apply for EEA2 when you are already inside the UK. If you are in Canada and want to travel with your new husband to the UK, he needs a Family Permit. This is then valid for 6 months. In theory, he doesn't even need that, but since it is easy to get (and free), I'd apply for one.
Sebastian

 

Straight from the horse's mouth:
http://www.bia.homeoffice.gov.uk/eucitizens/rightsandresponsibilites/

Immigration issues - UK implementation of EU Directive 2004/38:
http://www.opsi.gov.uk/si/si2006/20061003.htm

The Directive:
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_158/l_15820040430en00770123.pdf

And the same in German:
http://eur-lex.europa.eu/LexUriServ/site/de/oj/2004/l_158/l_15820040430de00770123.pdf

And here some explanations for non-legal people...
http://ec.europa.eu/commission_barroso/frattini/archive/guide_2004_38_ec_en.pdf

Sebastian

 

I have no personal experience with this – but: All I know is that treaty rights are automatically conferred to your husband by virtue of being married to you and that they do not depend on any kind of visa, permit or other administrative formality. Whether the UK implementation fully complies with this may be a different question - but I don't think there is any need to worry. I remember user "thsths" responding to a similar question not too long ago - maybe s/he can clarify the situation.

Your husband is not a visa national, so he'll be able to enter the UK anyway. They may ask questions, but if he can prove that you two are married, they cannot deny him entry. I know an American who is married to a German who travels to Berlin and back every week and who has not yet received his EEA2 residence card (he does have the confirmation that he has applied for it, though). Sometimes he has absolutely no problems, sometimes they interrogate him for 15 minutes - but he always gets through. ;-)
Sebastian

 

When does his visa expire? (Not just the working rights.) If that goes beyond February, he shouldn't have any problems, since he'll already have entry clearance if he needs to leave/enter the UK. As said before, the treaty working rights are automatic once you're married--it's entry rights that aren't for non-EU nationals. I would suggest applying for the Family Permit if he's going to be outside the UK (it can't be done inside), and then the EEA2 (from the UK), but other than that, he should just explain the situation to his employer, and everything should be fine.