OH DEAR,
You really did me agreat favour as I was getting mad about the laws regulations and all what You know here,
aha, Let me tell You first that Iam married with Polish as well (and as many people I see here)
and I am anon-EEA and living here on the basis of family permit which will expire on 02/2006,and was crazy which form should I fill and if it will be aproblem that my wife doesnt work(She was brignant when we came and now she cares about the baby)

It was really easy for me to get ajob after 10days of our arrival as I have aquite big experience and all the time worried if I am working legally?? If they will not couse us any problem that my wife is not working??and if I will be able to extend my family permit??
But all are clear for me now

Well, what I want to ask You or any body knows is;

I think we did abig mistake that we (CLAIMED ACHILD BENIFIT AND CHILD TAX CRIDET) as our child was borne her
we didnt get any of them yet , but I belive now it will effect our status and could couse us atruble to fill any of the forms to the home office
niether EEC1 nor EEC3,right??

What Do You advice us guys?? should we withdraw these claims??

IF ANY ONE CAN ADVICE ME ???

And for how long normally they give the resident for ?? the minimum??

Thanks alot in advance and wish to hear from You soon

 

Child Benefit claims is a Universal Payment regardless of the Parent's status, rich or poor, legal or illegal.

Its paid to every child under the age of 16 living in the UK. Paid both to the Queen's grandchildren and children of illegal immigrants. It shouldnt affect your status or application whatsoever!

Neither will your claim for Child Tax Credit affect your status or application!

 

I am still confused about how I prove my right to work to an employer.

I finally got a job ofer after three months but now the personnel office is questioning my right to work.
My husband is Swedish with permanent employment in UK and I am American. I entered on the EEA family permit but now it is expired. We submitted the EEC1 in September, and so I can't wait until the residency permit comes back. My understanding was the EEA family permit proves my right to work, but the personnel person is hung up about it being expired and I can't find any information on the Home Office site about that. I don't understand why the Home Office cannot offer clearer information about the right to work of EEA family members.
Any ideas about what I can do?

 

I didn't get an acknowledgement letter, because IND typed in the wrong street number for us, and so the letter was sent out but we never received it.
Yes, what you say about the EEA family permit & the residence document is my understanding too, but first the employer didn't understand that. I am more relaxed now because the employer seems to agree with me, even though he received some sketchy information from people at the Employer Helpline. I have requested a letter from IND/Home office about my right to work. If the letter does not arrive, the Home office said that if I am physically present with the employer, he could call and get information on my case.

 

Although non-EEA family members of EEA nationals supposedly have the IMMEDIATE right to work if the EEA national is exercising their treaty rights, it turns out that you may not be able to prove it until you get your residence permit. I have been having trouble with this and had a free consultation with Eurojus advisor (free service from the European Community) and her conclusion is that the EEA family permit is not proof and there is no official proof other than the residency permit.

To explain the law behind this I will quote a few passages from her report:

“You have been correctly advised that the right to work is absolute under the Regulation, as it is simply derived from the fact that your husband is a European national, exercising his right to work freely in the UK"

but "free movement of workers and their families may be restricted by Member States in accordance with public policy. For example, procedures will be permitted that interfere with the right where the Member State is aiming to prevent illegal working.”

"As aforementioned, it is sometimes necessary to confirm or prove your status as a non-EEA family member of an EEA national as a matter of law. In the UK, under provisions concerning the prevention of illegal working, applicants for employment are asked to prove their right to work in the UK before employment is offered"

"No other document [other than residence document] will suffice under the 2004 Order [illegal working]"

Needless to say I am quite annoyed that the Home Office does not include this information on all the various pages where they write that EEA workers' family members have the right to work here. We moved to the UK for my husband's job under the assumption that I would be able to work here too and therefore I quit my job in my home country to move here. Now I have been offered a job but have not been able to work. It sounds like other non-EEA family members have been able to work before getting the residence permit, but this has not been my experience so far and has caused a lot of stress.

Anyway, the HO seems to be dropping hints that our residence permits/documents are being sent out soon. I hope that is true!

 

Hi everybody.

I am a non EU from africa, living in the US and married to a french national.

I found a job in London and I need to move there in June.
I call the british embassy and they told me that Ineed to have a EEA Family permit.
But I read on this post that I have to be in my home country to have it. is it true?
I am a bit lost here.
Can anybody helps?
Thanks

 

I think you can apply in the US if you are a resident of the US.

 

I have found some good info on

http://solutionadvice.com

Good Luck!

 

nyarob,
you can apply for an EEA family permit in the US if you can prove that you are legally living in the US, and your French spouse will be exercising treaty rights in the UK- I'm not sure what happens when it is you (non-EEA) that has a job and not the EEA spouse.
One word of advice about getting your EEA family permit in the US. They recommend that you apply as soon as possible, but this is not always best. I knew I was moving to the UK with my EEA spouse in July so applied in April but I got the EEA family permit back 5 days later and it was valid from April to October. It would have been better to apply later so that the permit was valid for longer after I entered the UK. Even though I told them exactly the very date that my husband and I would move to the UK, then still made the permit valid from the date it was issued, which was very annoying. Once you arrive in the UK, apply for your residency permit/document as soon as possible as this takes a while and will make it easier for you to travel and to prove your right to work.
Good luck!

 

pls help

Hello there,

I was reading the various forums u have in relation with the application forms and status of non EU nationals married to EU nationals and decided to ask about advise for the situation I am in.

Me and my husband got married last month. I have been living in UK for 3 yrs prior that as I was doing my Masters here and then my visa expired and I went back home. We decided to get married in my home country and come back to UK together.He has been living and working in UK for 2 yrs now but never registered for the residence permit cause we both did not know about all this comlications.I am currently looking for a job which shouldn't take too long.We r going to Portugal,where he comes from in two weeks time to register the marriage there as well.

So, my questions are:
1. Shall we apply for the residence document now or shall we wait?My visa expires in Nov 06?

2.which form do we need to fill in now (in case he has been working for more than 12 months) if it is better to apply now? And which form do we need to fill in after few months in case that both we will be working?

3.Wht documents are they going to ask us to send as supporting for our relationship?

4.Can I apply for a Portuguese passport together with the English residence document?

5.There is a possibility to live away from each other because of our jobs and meet when we have days off, Is this going to be a problem?May be it is better for one of us to quit and move to the same city?

6.Is it possible for him to apply for British passport after spending here so many yrs?

7.Is it better to get a lawyer to deal with the documentation or shall we do it by ourselves?

Pls advise us
Desi & Edy

 

Need Help

Hi,
I need information and think that you would be able to provide me.
I am an Indian National living and working in Germany. My wife is German National. I have a job offer from a multinational company in London, UK. I do have a family permit valid till december, 2006.
My question is:
a) Is it possible, that me and my wife go to UK, i start my work immediately while my wife comes back to germany as she is working in Germany, as she has a notice period of 3 months to quit her job in Germany
b) Is it possible, that my wife applies for residentship with EEC1 form and goes back to Germany and joins me after 3 months time??

Your advice would really help me as to how i can start work in UK while my wife finishes her notice period of her current job in Germany and joins me..

Andy

 

Moving to UK

Dear all,
thanks for all the information. I have read all of the posts in this area but am still confused with the actual process. Like most of you i have been married for 3 years now and my wife is a Polish citizen. I am a citizen of India and a non EEA national and am currently living in Poland with a two year residency validity and we wish to move to the UK for work.
My wife has not been able to find work in the UK because of her area of profession.
I know from experience that it is tuly impossible for the employer to employ me or the HO to issue me with a work permit as i have tried this route earlier and it has not worked. I currently hold a ten year business visa to the UK and often visit the UK on work & pleasure.


My question is as follows :
1. How can i accept or engage in work in the UK if my wife doesn't have a job as yet or is not registered with WRS ? Is it possible that we could travel to the UK (me on my 10 year visa ) together and i can engage in work and then my wife can immediately apply to the HO with the required EEC forms? or is it dead essential for her to find work in the UK and register under the WRS and then for me to travel to the UK with the family entry permit? If so can anyone who has used this path before help us with the same and let us know in detail what we can and should do to start work in the UK. I have lots of job offers in the UK but everyone ask's me if i am an EU citizen or i have a valid residence or work permit which i currently don't have. is there some law that enables me to work in the UK if my wife is there as well and seeking employment? or is there some law stating that if i am married to a EU citizen (A8 Eu country) and moving to the UK I can get a job irrespective of the fact that i don't have a work permit, family permit or EU citizenship? ---- KINDLY HELP!!!!!

2. The second question is can we move to the UK ( me on my 10 year visa) and my wife as EU citizen and then my wife finds some work and get the required WRS numbers. do i then have to move back to Poland ( my county of current residence) and apply for the family permit or can i do it from the UK?

3. lets say i do get this family permit n start employment in the UK, what would be the validity of my family permit and can i extend it in the UK or do we have to apply for those EEC forms?

4. the last question is can any body tell me if i live in the UK under the family work permit and travel to Poland once in two months if my residency card in Poland will be inactive. because we wish to apply for polish citizenship after 3 years of stay and i am about to complete 2 years in the end of 2006.

We would like to move to the UK and start a working life and on the other hand not loose the chance to get my polish citizenship.

We are really desperate for some information and would appreciate if any of you smart people can help us and guide us.

pls mail me if possible or reply to my posts.

thanks in advance
Venkie
in Poland

 

going alone to uk with family permit

hi everybody

i am a non-eu national married to eu national and i would like to apply eea family permit(within eu) so my question is if i get the family permit can i go alone to uk without my wife as she worked before in uk (one year)got wrs card .later she follows me (like one or two months).

 

What the non-EEA inherits is not the right to work. It is the right of free movement of people. As a consequence the non-EEA has the right to work.

The situation was the following: the EU passed a law which allowed free movement of goods and people. So any EU member had the right to go to any EU country to work. This rule did not apply to non-EU members.

Suddenly people started complaining: "if my non-EU spouse is not allowed to travel and work in another EU country, then, in effect, my right of free movement is not really a right. I will never exercise it."

That is why the EU had to extend the right of free movement to the non-EU spouses, and as a corollary the non-EU spouses are allowed to work.

 

Hi, if my partner of 8 years is already in the uk without a visa can he apply for EEA2 WITHOUT HAVING TO LEAVE THE UK? I am british and we moved to the UK 4 months ago after living legally in Spain for the last 8 years.

 

Hiya Sticky,
I was wondering if you could help me.
Can my non EEA partner of 8 years legally resident in Spain now living in the uk with me (i am a british citizen) apply for a EEA2 resident card? my partner came to the uk with no visa also can he work here? Thanking you in advance

 

Hello, well i have problem im not sure im eea my husband not and we fill application for him well he was already in england and i work about 1month, but i was not informed i need worker registration scheme so i work in my job almost 12months and just when whey told me i need it but my id card in home office. So i read in this forum , absolutely to fill application i need have worker registration scheme and work 12 months in one place so what is happen i loose my job, and my husband working at the moment. I get back my id card but im still find nothing, what i suppose to do? Or everything is fine or i need start to worry? thank you