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✎ EN EEA Family Permit questions: Moving to London with Job Offer

Discussion in 'Immigration UK' started by 212andrew, Jun 7, 2014.

  1. 212andrew

    212andrew New Member

    Joined:
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    Living In:
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    Nationality:
    American (US)
    Languages:
    English
    My wife is a Polish (EEA/EU) citizen. She moved to the US 20 years ago and is a resident (Green Card holder). Should it be relevant, her father and brother moved to the UK about 10 years ago, and are now UK residents.

    I am a US citizen, born and raised.

    We live in New York, where were married nine months ago (September 2013), after knowing each other for roughly 10 years.

    We plan to move to London. I recently received a written job offer from a firm there (it pays well, should that matter to the border agents, who may wonder if I/we may be a burder on social care or bring in meaningful tax revenue, etc.).

    My offer is contingent on my obtaining the right to work in the UK on my own. I’m due to start work in the UK in early/mid-July (somewhat flexible), and will need to provide proof of my eligibility to work in the UK no later than my first day of employment.

    I’m confident that I will need to obtain an EEA Family Permit, as my wife is an EEA (Polish) citizen.

    Where I think my “case” may be a little different as that I (the non-EEA family member) am and would be supporting the EEA family member (my wife). She has neither a job nor any significant savings. We will not be reliant on any government funding, and that should be clear from my job offer letter (which I can gladly show to immigration/border officials, if appropriate). Basically she has little to nothing; I have a little more than her; but we’ll be well paid (and the UK government will receive a good chunk of tax proceeds from my work) once I arrive.

    I’ve read through the EEA Family Permit FAQs, forum posts, and the UK Government’s “UK Visas and Immigration” website ad nauseum – including the various PDFs on the EEA family permit, the Guide to Supporting Documents, etc. But I still can’t seem to find the answers I’m looking for regarding things like:
    1) Will my wife (a Polish citizen) need to file anything (e.g. Registration Certificate: https://www.gov.uk/eea-registration-certificate) now (or prior to reaching the UK border) to help me get the EEA family permit? I’ve heard mixed reviews of whether this can help me in the EEA Family Permit process or not. If anything, it could take more time, and time is precious (I need to start work in one month).
    2) In exercising her “Treaty Rights” or becoming a “Qualified Person”, will she need to prove that she is working, self-employed, a student, or economically self-sufficient? Or is that not an issue upon entry? Is it relevant/problematic that my wife has not worked much in the past two years (prior to that she was a graduate student) and has little income or savings of her own?
    3) Does she (i.e. do we) have the right to live the UK for three months upon exercising her treaty rights?
    https://www.gov.uk/government/publicati ... ily-permit
    4) Is there anything she should to prior to, or concurrently with, my applying for an “EEA Family Permit”?
    5) Does my job offer matter (particularly given the relatively good rate of pay)? Could it help me (I would generate tax revenue for the UK? Could it hurt me (should I not have already found a job?)?
    6) Do my finances matter?
    7) Do I need to submit my historical tax forms?
    8) What MUST (and should/shouldn’t) I submit? This is the most confusing thing of all….
    The main government site specifies only:
    “You must provide:
    - your passport
    - proof of your relationship, eg a birth or marriage certificate
    - a letter from your partner or family in the UK declaring that they’re travelling with you or that you’re coming to stay with them in the UK
    - your partner or family member’s passport or ID card
    You must provide proof that you’re financially dependant on your family member in the UK if you’re applying as their dependent extended family member.”
    https://www.gov.uk/family-permit

    Oddly, the site then refers to the “full list of evidence you must provide”: https://www.gov.uk/government/uploads/s ... permit.pdf
    This includes a passport sized color photograph, as well as “Evidence of your current employment or studies.” This could include: “a letter from your employer on company headed paper – detailing your salary and the length of your employment, confirming that you have been given time off work, and stating whether this time off is paid or unpaid.” This doesn’t make sense to me. Why would they want to know or care what my old job is/was, when I’m moving to the U for a new job (as I imagine most EEA Family Permit applicants would be, as opposed to being transferred overseas by their employers).

    The same authoritative source also asks for Information about “Your Finances and Employment”, “Accommodation Details,” and “Information about your Sponsor in the UK”

    So, my question, as many others have likely asked, is: what do I really need to submit, and what should I submit?

    I’ve read many stories of people submitting too much, frankly, and sometimes being rejected for that reason.

    The links below have slightly differing takes on what should and shouldn’t be included in “Supporting Documents.”
    http://www.ebooksmagz.com/pdf/document- ... -61988.pdf
    http://www.findlaw.co.uk/law/immigratio ... 30026.html
    http://www.immigrationboards.com/eea-ro ... ml#p716277
    9) In applying for the EEA Family Permit, I don’t have to worry (yet) about this “Guidance notes for applying for residence documentation as a European Economic Area (EEA) national or as the family member of an EEA national.”
    https://www.gov.uk/government/uploads/s ... cklist.pdf
    https://www.gov.uk/government/uploads/s ... ideeea.pdf
    10) Do I need to (or should I) hire a lawyer/solicitor? One I’ve contacted seems reputable, but has quoted me about £5,000 for the service.

    I really just want to be able to start my job in London a month, and be able to prove to my new employer by my first day (early July) that I have the right to work in the UK. Any help or advice you may be able to provide to that end would be greatly appreciated.

    Thank you,

    Andrew
     
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