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✎ EN EEA family permit and ... what later?

Discussion in 'Immigration UK' started by Anna Sayan, Jul 12, 2005.

  1. Anna Sayan

    Anna Sayan Active Member

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    Hi everyone,

    Finally we got EEA family permit with my husband. We are going to UK 3-4 weeks later.

    We got family permit for 6 months (like everyone) and ... I want to find out what later? I mean what should we do when it will be finishing. I understand that of course we have to have work, register etc ... but if anyone knows exactly how it looks, please let me know.

    Thank you so much for your help,
    Ania
     
  2. EasyExpat

    EasyExpat Administrator
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    Hi,
    When you start another topic, it would be good to say your nationality, and a bit about your story... and place a link to your other messages.
    Currently people will have to search on the forum your previous messages to understande what you are talking about ;-)
     
  3. daphne

    daphne Member

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    For the old treaty countries, they will need to apply for EEC1 residence permits during that six-month period (both EU and non-EU dependents need to apply because the non-EU dependents will only be granted residence permits if the EU citizen has got one). EEC1 residence permit application is currently taking a very long processing time.

    Not sure about the new treaty countries as the EU citizen in this case can apply under worker regristration scheme only after 12-month of employment in the U.K. I guess they can apply at the Home Office for an extension of the family permits, and apply for residence permits later.
     
  4. Anna Sayan

    Anna Sayan Active Member

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    Hi, I want to explain my situation more (also on the request of the administrator).

    I am Polish, married with Turkish. We applied for EEA family permit on January 2005 and finally got it :) We applied in Poland, in UK Embassy.

    My husband's visa started from yesterday (11.07.2005) and it is valid for next 6 months.

    I want to find out what should we do after coming to London (we are flying on 04.08.2005). I just want to find out as much as I can here.

    Thank you for your help,
    Ania

    P.S. By the way, should we take all our pictures, letters which are confirming our marriage? Maybe one Office will need it.
     
  5. aleks721

    aleks721 Member

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    Hi Anna, my name is Aleksandra, I'm a Polish citizen and have the same problem as you do. My husband is non-EEA national and we are moving to the UK this coming weekend. He has a family permit we got in the British Embassy in NYC (we reside in the US now). His permit is valid for 6 months starting July 1. I think I have gone thru every website and we still can't find answers to some questions, especially work. Do you know if the family permit gives your husband right to work in the UK? Or do I have to find work first and when I obtain it, he should apply for a work permit? This whole EEA national / non-EEA spouse thing is very complicated. We have found a lot of different info, some websites say one thing, then another website says something totally different. I'm so fed up already, I think I wil call Polish Embassy in UK tomorrow.
    Please get back to me so we can exchange views and information.
    Aleksandra
     
  6. Anna Sayan

    Anna Sayan Active Member

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    Hi Aleksandra, I still didn't find anything. I mean any details. What I founf out is that your husband has the same rights like you have (Home Office page), so also ha has the right to work. To tell you the truth I think that in this situation, finding job for him is more important than to find job for us. Because ... we can stay there as long as we want (as long we have money) and our husbands visa is for 6 months.
    As soon as he will get job you should:
    1. register him in Home Office (we should do the same also)
    Please get the WRS form from Home Office page or from www.londynek.com. Then send the form to Home Office (by post). The address is: WORKER REGISTRATION TEAM, HOME OFFICE, WALSALL ROAD, CANNOCK, WS11 OWS. Please send this form as "special delivery" or "recorded delivery". Of course keep the confirmation. Also with the form you have to send: letter from the employer, two passport pictures, passport, and payment: 50 pounds. That 50 pounds you can pay at post office (postal order). Thay are taking that 50 pounds only once. When your husband will change work, I think later he has to send that form again. Later (by post) they will send you back: passport, card, confirmation about your work. Before you will be sending that documents to Home Office, you can make copy for the employer of WRS form.
    If you have any questions, please call: 0114 259 6262, or e-mail: WRS@ind.homeoffice.gsi.gov.uk
    2. second step is to get national insurance number (NIN) and this time he will get it for free, from Department of Social Security (DSS). After getting to UK, finding job ... please visit www.jobcentreplus.gov.uk and you will find the nearest office to your house. Anyway you can find lots from their page.

    It is generally all what I know. If you will find out something, please leave me message here, if it is possible for you. I am going to London on 03.08.2005. We will be flying at 6.15 from Warsaw. I have no idea how we will get up ;)

    Good luck at your trip. I hope you will find out everything.
    Take care, Ania
     
  7. Anna Sayan

    Anna Sayan Active Member

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    I wrote not correct page
    www.londynek.net ... also there you can find some info.
     
  8. aleks721

    aleks721 Member

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    Anna,
    Thanks a lot for all the info you gave me. As you I also read on Home Office website that the family permit allows non-EEA spouses to work in the UK, but on some other website I found out that it only applies to the old EU member states nationals, it doesn't apply to new Accesion States (A-8 countries, including Poland).
    What I have found out from this forum and other websites atre there 3 scenarios:

    1) this is the perfect world situaton. We come to London, my husband has a family permit which gives him the right to work right away.

    2) when me and my husband go to London , he can't work until I have found work first and registered with Worker Registration Scheme. After that I apply for his Residence Card (with EEC3 form), which can last up to 6 month (during that time he cant work).

    3) when we come to London, he can't work until I have found a job first and Registered with Worker Registration Scheme. Then after 1 year of my continuous work I apply for my Residence Card and when I get it, I then apply for his card. (THIS SCENARIO IS CRAZY cuz our husband can't work for 1 year at least)

    We are flying to UK in 3 days and I'm so scared not knowing what's there for us. I see now that all the information I had before EEA nationals working in the UK were OK but applied to OLD mmember states, not new Acsesionstates, like Poland.

    Are you guys going to stay in London?

    Aleks

    Now which one is true I don't know, I
     
  9. Anna Sayan

    Anna Sayan Active Member

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    Hi,

    Now I am a little scared. First, I read on Home Office page that my husband has the same right and now ... from your e-mail I can find out something absolutly different.

    We are going to London on 03.08.2005 and we are planning to stay there. My husband has there family, so I hope that they can support us.

    Today I will try to call Home Office (it is really difficult to catch free line) or read more on Home Office page.
    If I will find out something more, I will let you know.

    Take care,
    Ania
     
  10. Anna Sayan

    Anna Sayan Active Member

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    from Home Office page and I think this is the most important

    Your family's rights

    If your family are EEA nationals, they have the same rights to live and work in the United Kingdom as you. The information in this section will be most relevant to members of your family who are not EEA nationals (non-EEA family members).

    Can my family join me in the United Kingdom?

    Yes, if you have a right to live in the United Kingdom, your family may join you.

    Under European Community law, your family includes:


    your husband or wife;
    your, or your husband's or wife's, children or grandchildren (if they are under 21 or, if they are over 21 and dependent on you); and
    dependent relatives, for example, your husband's or wife's parents and grandparents.
    If you are a student, only your husband or wife and your dependent children can join you.

    What about my other relatives?

    Your other relatives (such as brothers, sisters, cousins and so on) do not have an automatic right to live in the United Kingdom with you.

    However, we will consider applications for your other relatives to join you if you are working in the United Kingdom and:


    they are your dependant; or
    they were living with you before you came to the United Kingdom.
    How can my family come to live with me in the United Kingdom?

    Non-EEA family members :!: must get an EEA family permit before they travel to the United Kingdom if they are coming to live with you permanently or on a long-term basis.

    Does my family need to get an EEA family permit if they are coming to visit me in the United Kingdom?

    Yes, they will need to get an EEA family permit if they normally need a visa to travel to the United Kingdom. (You can get information about visas from UK visas.)

    Members of your family who are not visa nationals do not need to get an EEA family permit to visit you as long as they will be staying in the United Kingdom for less than six months.

    What is an EEA family permit?

    An EEA family permit is a form of entry clearance (like a visa) that you are given, free of charge, so members of your family who are not EEA nationals can travel to the United Kingdom.

    You must apply for an EEA family permit in the country in which your non-EEA family member is living, to the nearest British Embassy, High Commission or other British Diplomatic Post that can issue entry clearance (see 'How to get more information').

    Your non-EEA family members should apply for EEA family permits well before the date they want to travel to the United Kingdom.

    Will my non-EEA family members need to do anything when they arrive in the United Kingdom?

    Non-EEA family members do not need to register with the police.

    Your non-EEA family members can, if they want to, apply to us for a residence document. A residence document simply confirms that they have a right to live with you in the United Kingdom because you have a right of residence. The residence document we give your family member will be valid for the same period as your residence permit.

    Non-EEA family members who have a valid residence document do not need to get an EEA family permit each time they enter the United Kingdom after travelling abroad.

    How can my family member apply for a residence document?

    You, or your family member, should write to us at our Croydon offices.

    We will need:

    your passport or national identity card;


    your residence permit (you will need to apply for one if you do not already have one);
    proof that you still have a right to live in the United Kingdom;
    your family member's passport; and
    proof of the relationship between you and your family member (if your husband or wife is applying, we will need to see proof that you are legally married, for example, your marriage certificate).


    I will be looking for more.
     
  11. Anna Sayan

    Anna Sayan Active Member

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    All documents should be originals.

    If you are a national of one of the new member states and you are in employment, your family members will not be eligible for a residence document unless you are eligible for a residence permit. However, if you have registered under the Worker Registration Scheme, they can obtain a family member residence stamp. Applications for family member residence stamps should be made on form EEC3 and sent to the address detailed on the form.

    Can you refuse to give my family an EEA family permit, residence document or family member residence stamp?

    We will not give your family an EEA family permit, residence document or family member residence stamp if you do not have a right of residence in the United Kingdom.

    We will not treat a non-EEA husband or wife who is part of a marriage of convenience as a member of your family. A marriage of convenience is one that is for immigration purposes only, with neither partner planning to live with the other as husband and wife in a genuine relationship.

    Can my family work in the United Kingdom?

    Yes, your family can work in the United Kingdom. They do not need a work permit.

    Could my family lose their right to stay in the United Kingdom?

    Your family could lose their right of residence in the United Kingdom if you:

    no longer have a right of residence in the United Kingdom;
    leave the United Kingdom permanently; or
    are not working in the United Kingdom and either you or your family need help from public funds.
    Your husband or wife may lose their right of residence in the United Kingdom if you divorce.

    Other information

    How much does it cost to get a residence permit, residence document or EEA family permit?

    They are all free.

    How can I apply for permission to stay in the United Kingdom indefinitely?

    European Economic Area Nationals may apply for indefinite leave if they have completed 4 years of residence in the United Kingdom during which time they have been either in employment, self-employment, or been economically self-sufficient. Those who have been dependant on the income of a spouse / family member may also apply. Time spent as a student does not though count towards the 4 years qualifying period.

    Third country nationals who are either the spouses or dependant family members of European Economic Area nationals may apply independently for indefinite leave if they have lived in the United Kingdom for 4 years. However, they will need to provide evidence that their European Economic Area family member has lived in the United Kingdom and been engaged in employment, self-employment, or been economically self-sufficient, during this qualifying period.

    Swiss nationals and their dependant family members will qualify in the same way.

    Applications for indefinite leave can be made using form EEC2.

    However, it is a requirement of the rules that a European Economic Area national should have been issued a Residence Permit before they can qualifying for Indefinite Leave to Remain. If a Residence Permit has not been applied for prior to the completing of the qualifying period an applicant should also complete form EEC1. Both applications should be forwarded together to European Casework.

    Passports or National Identity cards should be supplied along with evidence of 4 years employment, self-employment, or economic self-sufficiency. This could take the form of 4 P60 tax certificates or a letter from the Inland Revenue confirming the payment of income tax. These circumstances, as well as the circumstances in which permanent residence would not be required are explained in nationality leaflets, for example BN7 and BN9 (children)

    How to get more information

    You can get guidance leaflets and information about visas from UK visas. Please write to:

    Visa Correspondence Section
    UKvisas
    London
    SW1A 2AH
    United Kingdom.

    General enquiries: +44 (0)20 7008 8438
    Application forms: +44 (0)20 7008 8308
    Fax numbers: +44 (0)20 7008 8359/8361

    SWISS NATIONALS

    As from 1 June 2002 the information in this leaflet will also apply to Swiss nationals.

    What rights will I have as a Swiss National?

    You will have the same rights as EEA Nationals.


    You can use the EU/EEA channel when you enter the United Kingdom
    You can work in the United Kingdom without requiring a work permit
    You can apply for a residence permit to show that you have a right to live in the United Kingdom. For information on how to apply for a residence permit, click here
    Your family members may be entitled to live with you in the United Kingdom. For information on how you can apply for your family members to join you, click here.
    POSTED WORKERS

    If you are a Swiss National or a Swiss Company that conducts business in the United Kingdom you may send employees to work in a United Kingdom for you for a maximum period of 90 days without having to apply for work permits for them.

    Do the employees have to have worked for me or my company in Switzerland?

    Yes they must have been working for you in Switzerland or an EEA State for a reasonable period of time.

    Do my employees need work permits before travelling to the UK?

    Yes. If your employees are not nationals of the European Economic Area or Swiss nationals they will need to apply for a posted workers authorisation. You can get information on this by contacting UK Visas. Please write to:

    Visa Correspondence Section
    UKvisas
    London
    SW1A 2AH
    United Kingdom

    General enquiries: +44 (0)20 7008 8438
    Application forms: +44 (0)20 7008 8308
    Fax numbers: +44 (0)20 7008 8359/8361
     
  12. aleks721

    aleks721 Member

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    Anna,
    We have arrived in London today morning and I amj very scared too. It's for financial reasons that both me and my husband would have to work here. I am starting my jobsearch on Wednesday.

    Also , I emailed Home Office about this issues and that'sd what they had to say to me:

    Dear Aleksandra,

    Thank you for your enquiry .

    You will need to contact the nearest British
    Diplomatic Post in your home country for further
    information.

    The Home Office does not issue Entry Clearance.
    This is the responsibility of British Diplomatic Posts
    around the world.

    Alternatively, you can contact UK Visas on
    0207 008 8438 or visit their website at
    www.ukvisas.gov.uk.

    Yours sincerely

    Marian Andrews
    Managed Migration


    I will try calling Embassy tomorrow too. Maybe they will havce answers to my questions.
     
  13. daphne

    daphne Member

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    Aleksandra,

    I don't know what you wrote to the Home Office, but it seems like they have misunderstood your questions. If you and your husband have landed in the U.K., entry clearance certificates are irrelevant (since you have "entered" the U.K. already). I think you should call the IND (Immigration and Nationality Directorate, a division of the Home Office) to enquire. The phone number is 0870 606 7766. The line is usually busy and you may get a female recorded voice asking you to try later. To save money on phone calls, whenever you hear a female recorded voice, hang up immediately. Call again until you hear a male recorded voice. Then you can wait and choose the right options and your call will be put in a queue.

    Alternatively you may also want to call 0114 259 6262 to speak with the Home Office Worker Registration Team since you will need to register under WRS. Maybe they will have the answer for you.
     
  14. Anna Sayan

    Anna Sayan Active Member

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    Hi Aleksandra,


    I called Home Office and I was shocked - but pls do not worry. I was thinking that someone really professional will answer my phone, and I was nervous about my English ... but promise u, there was nothing to worry about. First of all, this person which answered my phone, wasn't professional at all and the only thing I found out, is the telephone to Immigration and Nationality Directorate, which is 0870 606 77 66. I wrote them e-mail and waiting for the answer. Anyway I will try to call them tom. or today.

    Yesterday I was looking for some info. on Home Office page. This is what I found - maybe it will help you a little.

    The information in this section will be most relevant to members of your family who are not EEA nationals (non-EEA family members).

    Can my family join me in the United Kingdom?
    Yes, if you have a right to live in the United Kingdom, your family may join you.

    Under European Community law, your family includes:
    your husband or wife;
    your, or your husband's or wife's, children or grandchildren (if they are under 21 or, if they are over 21 and dependent on you); and
    dependent relatives, for example, your husband's or wife's parents and grandparents.
    If you are a student, only your husband or wife and your dependent children can join you.

    How can my family come to live with me in the United Kingdom?
    Non-EEA family members:!: must get an EEA family permit before they travel to the United Kingdom if they are coming to live with you permanently or on a long-term basis.

    Does my family need to get an EEA family permit if they are coming to visit me in the United Kingdom?
    Yes, they will need to get an EEA family permit if they normally need a visa to travel to the United Kingdom. (You can get information about visas from UK visas.)
    Members of your family who are not visa nationals do not need to get an EEA family permit to visit you as long as they will be staying in the United Kingdom for less than six months.

    What is an EEA family permit?
    An EEA family permit is a form of entry clearance (like a visa) that you are given, free of charge, so members of your family who are not EEA nationals can travel to the United Kingdom.
    You must apply for an EEA family permit in the country in which your non-EEA family member is living, to the nearest British Embassy, High Commission or other British Diplomatic Post that can issue entry clearance (see 'How to get more information').
    Your non-EEA family members should apply for EEA family permits well before the date they want to travel to the United Kingdom.

    Will my non-EEA family members need to do anything when they arrive in the United Kingdom?
    Non-EEA family members do not need to register with the police. Your non-EEA family members can, if they want to, apply to us for a residence document. A residence document simply confirms that they have a right to live with you in the United Kingdom, because you have a right of residence. The residence document we give your family member will be valid for the same period as your residence permit.
    Non-EEA family members who have a valid residence document do not need to get an EEA family permit each time they enter the United Kingdom after travelling abroad.

    How can my family member apply for a residence document?
    You, or your family member, should write to us at our Croydon offices.

    We will need:
    - your passport (Ania) or national identity card;
    - your residence permit (you will need to apply for one if you do not already have one);
    - proof that you still have a right to live in the United Kingdom;
    - your family member's passport; and proof of the relationship between you and your family member (if your husband or wife is applying, we will need to see proof that you are legally married, for example, your marriage certificate).

    All documents should be originals.
    If you are a national of one of the new member states and you are in employment, your family members will not be eligible for a residence document unless you are eligible for a residence permit. However, if you have registered under the Worker Registration Scheme, they can obtain a family member residence stamp. Applications for family member residence stamps should be made on form EEC3 and sent to the address detailed on the form.
    Can you refuse to give my family an EEA family permit, residence document or family member residence stamp? We will not give your family an EEA family permit, residence document or family member residence stamp if you do not have a right of residence in the United Kingdom. (Polish people have a right of residence)
    Can my family work in the United Kingdom?
    Yes, your family can work in the United Kingdom. They do not need a work permit.

    Do you need to apply for a residence permit or register with the police?
    No, if you have a right to live in the United Kingdom, you can stay here for as long as you want without getting a residence permit or registering with the police.
    But, if you want, you can apply to Immigration & Nationality Directorate for a residence permit. A residence permit simply confirms that you have a right to live in the United Kingdom under European Community law.
    How to apply for a residence permit?
    You can apply to the Home Office using a EEC1 form.
    How long are residence permits valid for?
    A residence permit is normally valid for five years. However, residence permits may be issued for a shorter period if you are working or studying in the United Kingdom for less than 12 months.


    The Home Office will not normally give you a residence permit if:
    · You are in the United Kingdom for a short visit;
    · You are looking for work;
    · You will work and live in the United Kingdom for less than three months; or
    · You do not work in the United Kingdom can cannot support yourself without help from public funds.
    Can your family work in the United Kingdom?
    Yes, your family can work in the United Kingdom. They do not need a work permit.
    Could your family lose their right to stay in the United Kingdom?
    Your family could lose their right to stay in the United Kingdom if you:
    · No longer have a right to live in the United Kingdom;
    · Leave the United Kingdom permanently; or
    · Are not working in the United Kingdom and either you or your family need help from public funds.
    Your husband or wife may lose the right to stay in the United Kingdom if you divorce.

    After Entry
    ECOs should also explain that after entry to the UK the holder can apply to the Home Office for a residence permit.

    The possession of a valid residence document (presently a Home Office endorsement in the holder’s passport) will enable the holder to re-enter the UK without the need for an EEA family permit, so long as s/he continues to qualify as a family member of an EEA national (as defined in Part I (6) of the Regulations), subject to the normal provisions of public policy, public security and public health.

    Do I need to apply for a residence permit or register with the police? ANIA
    No. If you have the right to live in the UK, you can stay here for as long as you want without getting a residence permit, or registering with the police.
    You will need a residence permit if your family members want to apply for a residence document (see the section ‘Your family’s rights').
    You can apply to the Immigration and Nationality Directorate (IND) for a residence permit. A residence permit simply confirms that you have the right to live in the UK under European Community law.

    Do my family members need a residence document?
    Your non-EEA family member can, if they want to, apply to the Immigration and Nationality Directorate for a residence document once they are in the UK. They do not have to do this – it simply confirms that they have a right to live with you in the UK because you have a right of residence. The residence document issued to your family member will have the same validity as your residence permit. Non-EEA family members who have a valid residence document do not need to get an EEA family permit each time they enter the UK after travelling abroad.
    Can my family members work in the UK?
    Yes. A family member of an EEA national who is exercising their rights under EU law can work. They do not need a work permit.
    A family member of an EEA national who intends to travel with them or join them in the UK can work without a work permit. The EEA national must be exercising treaty rights in the UK.

    Non-EEA family members who have a valid residence document do not need to get an EEA family permit each time they enter the UK after travelling abroad.

    I hope you feel well in London. Please do not worry, it will be all fine. Just now everything probably is new, but just a little ...
     
  15. Anna Sayan

    Anna Sayan Active Member

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    Hi Aleksandra,

    Please read the info below. I hope it will be helpful for you. And do not worry about anything. Good luck :)

    RIGHT OF RESIDENCE IN THE UK
    http://www.lawcentreni.org/immigration_ ... age_05.htm
    6.1 EEA family permits issued abroad are usually valid for six months, the family must travel to the UK during this time.

    Once in the UK, an application should be made by the European spouse/partner to the Home Office in Croydon for an EEA residence permit and an EEA residence document which consists of a stamp in the passport of the non-EEA spouse. Likewise, if the non EEA spouse/partner and/or other family members are already in the UK in some other capacity, an application can be made for the EEA residence permit and residence document. Unlike most other Home Office applications it is not necessary to use a particular form in this case, however, the Home Office has devised Form EEC1 which requests all relevant information and is easy to complete. It is available on the Home Office website at www.ind.homeoffice.gov.uk. This application is free.

    6.2 The completed form should be sent to the UK Home Office in London, the address can be found at the end of Form EEC1. You should keep a copy of all documents submitted and they should be sent via recorded delivery. The proof of being employed in the UK can be provided by the employer signing the relevant section of the form. EEA residence permits and residence documents are usually valid for five years. However, where the applicant has temporary employment or is seeking work, they may be issued for shorter periods. Renewed applications can be made at the end of the period granted, depending on the circumstances at the time.

    Citizens of the EEA countries are entitled to live and work in the UK under European law and members of the family of an EEA national have rights to enter and remain and work in the UK along with the EEA national worker even if they are not EEA nationals themselves :p

    Where the A8 national is in the first twelve months of stay in the UK then s/he is entitled to be joined in the UK only by her/his spouse, their children who are aged under 21 or are dependent, and dependent relatives in the ascending line. The only difference of treatment compared to other EU nationals is that these A8 nationals do not benefit from the right to bring other, more distant, relatives over. However, it is important to note that it is not clear at present what status these family members are being given.

    5.6 Spouses, partners and other family members in the UK under these European rules are entitled to take employment, claim benefits and receive medical care under the NHS as well as social services, depending on their needs, in the same way as the EU nationals :) However, it may be difficult to evidence these rights whilst the application is being processed.

    GOOD LUCK :)
     
  16. daphne

    daphne Member

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    First, regarding whether your non-EU spouse can work, can you find out from the family permit or whatever stamp that the immigration officer puts on your spouse's passport whether he has the right to work?

    This site with the stamps and their residence/work rights is very useful. If he gets one of the EEA family member visa or ink stamp, he can work freely in the U.K.
    http://www.workingintheuk.gov.uk/ind/en ... tamps.html



    As for residence rights, from Anna's response it is quite clear: EEC3 is the place to go!!

    I am applying under EEC1 as my husband is from one of the old treaty countries. But actually the EEC3 form is almost the same as the EEC1 form. I think for the new accession countries there is only one difference: registration with WRS.

    So I think the procedure for your case would be:
    1) the EU citizen finds a job and register with WRS

    2) the non-EU spouse applies for a residence stamp using EEC3.

    3) after the EU citizen has registered with WRS for 12 months, the EU citizen can apply for a residence permit together with the non-EU spouse.
     
  17. aleks721

    aleks721 Member

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    Anna, I've read many times all of that information you gave above, but it is for all the OLD EU MEMBER STATES., while Poland is a new accession member and we only receive the rights the OLd members have AFTER WE HAVE WORKED IN THE UK continously for 1 year.

    This is what Ive found online, but I hope I am wrong and you are right. We will only know when we find someone who can asnwer those questions. Just to make sure, I will apply for my husband's residence permit and we wil see if they give it to him or say we have to wait.

    I suggest this link here, http://www.easyexpat.com/forums/ftopic_5163.htm
    They guy says @After getting in touch with the Irish Embassy in Dublin, I was told that once we arrived, my EU spouse had obtained employment, and we were residing together...that I could apply for a Work Authorisation/Residency Permit. I was also told that this process takes approximately 6 months, during which time, I can't work.
     
  18. Anna Sayan

    Anna Sayan Active Member

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    Thank you so much for the explanation :) It helped me lots and now FINALLY I know what to do :)

    Have a nice day,
    Ania
     
  19. daphne

    daphne Member

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    Hi Anna and Aleksandra,

    Please do not be discouraged. Irish rules are not the same as British rules.

    I am not an expert in this area, but I think these are what you can do:

    1) Confirm whether your husband has the right to work. See my above post and check the stamp/visa that your husband has been given. Also call IND 0870 606 7766 to confirm. It is possible that your husband has the right to work only till the expiry of the family permit unless he changes his status. He can change his status after you find a job (see steps 3 and 4).

    2) If your husband has the right to work, BOTH of you should try to find a job. Remember your husband being a non-EU citizen derives his right to reside in the U.K. from you being an EU citizen. So if you do not have a job and cannot support both of you staying in the U.K. financially, he will have no right to stay even if he has a job. (But there is a catch here. If he has a job but you don't, maybe you can apply under EEC1 immediately as a financially independent person sine his income can support both of you. A financially sufficient person from the new accession countries can bypass WRS and apply for EEC1 immediately. However, this strategy looks risky.)

    3) Hopefully you will find a job soon (before your husband's family permit expires) and register under WRS. Hopefully he will also find a job soon but personally I think this is less important for his residence rights.

    4) After you register with WRS (I think only the EU citizen can register with WRS), your husband can submit his EEC3 application and include your WRS details. He will be given a residence stamp (likely to be for a period of 12 months but I don't know).

    5) Then 12 months later, you will have the same right as the citizens from old treaty countries. Then you can apply for EEC1 and include your husband as your spouse in the application. Both of you will then be given residence permits which should be valid for a few years.

    6) After a few years both of you can apply for permanent residency if you wish. Your husband may want to do so to have the indefinite right to work and reside in the U.K. You being an EU citizen have the right anyway with applying for permanent residency.

    ---------------------------------------------------------------
    If your husband does not have the right to work now, the only solution will be YOU find a job as soon as possible. Then you can follow steps (3), (4) and onwards for him to get the right to work.

    Hope this help.
     
  20. aleks721

    aleks721 Member

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    Daphne,
    Thanks a lot for your answer. I will apply for my husband's residence stamp as soon as I find work and register with WRS.

    Aleksandra
     
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