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Tier 5 Youth mobility VISA or family permit

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madalaine
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Posts: 3
Joined: Sat Dec 17, 2016 12:31 pm

Tier 5 Youth mobility VISA or family permit

Post by madalaine » Sat Dec 17, 2016 1:01 pm

Hello,

I'm an Australian citizen and I've been living in France for the past 10 months, during this time I got married to a French citizen and have received a 'recepisse demande pour carte de sejour'. My husband has found work in the UK and we are together staying here and it's been a couple of days since my arrival into the UK. I am looking at starting work as well in the UK and am wondering if I am able to as the UK immigrations officer has stamped "Admitted to the United Kingdom under the Immigration (EEA) Regulations 2006 for 6 months" in my passport.
Does this allow me to work during the 6 months?
If not, is it best to apply for a family permit or a Tier 5 youth mobility scheme?
If I apply for a Tier 5 youth mobility scheme, will I have trouble from immigration when they see I am married to an EEA national?

Thanks,
Madalaine

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Tier 5 Youth mobility VISA or family permit

Post by noajthan » Sat Dec 17, 2016 1:07 pm

Yes, you have smashed it, no need for T5.

You may reside, work, study on basis of sponsor.
Free movement really is that free and easy. What's not to like!

Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

madalaine
Newly Registered
Posts: 3
Joined: Sat Dec 17, 2016 12:31 pm

Re: Tier 5 Youth mobility VISA or family permit

Post by madalaine » Sun Dec 18, 2016 2:39 pm

I forgot to mention that the officer who placed the stamp in my passport said that during this time I am not able to work.

Is she wrong?

As from my understanding from what you have said, is that it's 'based of sponsor' and the sponsor being my husband?

Furthermore, as I am covered by the EEA regulations, as stated in my passport, due to the condition that I am here 'based of sponsor' this does in general entitle me to work, study and reside and therefore I don't need a family permit?

What documents do I need to present to ensure to an employer that I have the right to work if I don't have a permit?

Sorry for the hassle, I just want to be 100% clear on things as immigration in the UK seems pretty serious!

Thanks again,

Madalaine

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Tier 5 Youth mobility VISA or family permit

Post by noajthan » Sun Dec 18, 2016 11:32 pm

madalaine wrote:I forgot to mention that the officer who placed the stamp in my passport said that during this time I am not able to work.

Is she wrong?

As from my understanding from what you have said, is that it's 'based of sponsor' and the sponsor being my husband?

Furthermore, as I am covered by the EEA regulations, as stated in my passport, due to the condition that I am here 'based of sponsor' this does in general entitle me to work, study and reside and therefore I don't need a family permit?

What documents do I need to present to ensure to an employer that I have the right to work if I don't have a permit?

Sorry for the hassle, I just want to be 100% clear on things as immigration in the UK seems pretty serious!

Thanks again,

Madalaine
Yes officer is misinformed or poorly trained. The stamp you were granted is the equivalent of a FP.

Very hard to persuade an ill-informed, time-poor employer of your right to work.
You may not find an employer who will take the chance with you as there are punitive penalties for employing illegals.
Its no good quoting the Directive at them, they won't want to be bothered with all that.

Better file your application for RC toute suite and hope you get the appropriate COA in the meantime (before RC is eventually issued).

Yes, you evidently got the memo; immigration is a hot potato in the prevailing political climate in UK.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

madalaine
Newly Registered
Posts: 3
Joined: Sat Dec 17, 2016 12:31 pm

Re: Tier 5 Youth mobility VISA or family permit

Post by madalaine » Mon Jan 16, 2017 7:18 pm

Thanks so much for your help.

There are a few more things I am unsure of.. Since I've been in the UK I was able to obtain a job at my husband's work. I still haven't applied for a family permit or residence card and am using my right under the EEA regulations i.e. equivalent to FP.

From my understanding of the EEA regulations is that after 3 months of being in the UK, I must register myself and/or obtain a permit or residence card. However, the FP or stamp I've been given lasts up to 6 months, does that mean that I don't need to bother with registration/card/permit?

Regardless if I register or not, am I able to work even after the 3 months that cover my automatic right of residence conditions/FP/EEA regulations stamp?

Upon leaving and returning to the UK, the customs officer pushed me to get a family permit... but if I want to be with my husband I have to leave the UK for that. Is there any other exception to this?

Thanks so much for your help with all these questions.
I hope you've had a wonderful Christmas and NYE.

All the best for this year.

Madalaine

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Tier 5 Youth mobility VISA or family permit

Post by noajthan » Mon Jan 16, 2017 8:00 pm

madalaine wrote:Thanks so much for your help.

There are a few more things I am unsure of.. Since I've been in the UK I was able to obtain a job at my husband's work. I still haven't applied for a family permit or residence card and am using my right under the EEA regulations i.e. equivalent to FP.

From my understanding of the EEA regulations is that after 3 months of being in the UK, I must register myself and/or obtain a permit or residence card. However, the FP or stamp I've been given lasts up to 6 months, does that mean that I don't need to bother with registration/card/permit?

Regardless if I register or not, am I able to work even after the 3 months that cover my automatic right of residence conditions/FP/EEA regulations stamp?

Upon leaving and returning to the UK, the customs officer pushed me to get a family permit... but if I want to be with my husband I have to leave the UK for that. Is there any other exception to this?

Thanks so much for your help with all these questions.
I hope you've had a wonderful Christmas and NYE.

All the best for this year.

Madalaine
Lovely break but now back in harness.

A RC is optional although useful especially in these dark days of Brexit as it confirms your status.
You can reside quite happily without one so no need to worry even after 6 months when your initial FP expires.
But having a RC will help if you ever need to prove your status perhaps for work, or when traveling or even when moving house.

Its only a FP that's applied for outside UK.
If you are in UK you apply for a RC - from within RC.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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