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Hello everyone, thank you to anyone who reads this and can offer me some guidance... I've been living in the UK SINCE 2002, I was lucky enough to find the man of my dreams and married in 2003, we were moving in and out of Uk for holidays in the first few years but since I received my 5 Year EEA residence card In 2007 (my husband is Spanish and I am South African) I haven't left for longer than 2 weeks. I have recently had to close my business and seek employment and noticed my EEA Residence card has expired in Jun 2012.

My questions are:

1) As my EEA R/C has expired will I be able to apply for EEA4 if not what are my options?
2) Am I allowed to work without having the COA. I've started working but my employer does not want to pay me my wages without having the COA
3) If all else fails, can we return to Spain without me having valid residence card from Uk? We have all the paper work. Marriage cert, and Libro de familia etc.

Thank you to all again, I look forward to any replies!

Your status in the UK would depend on your husband activities.

When did your husband move to the UK? What did he do since? Did he work or study? If worked, did he work for 5 continuous years?

Jambo wrote:Your status in the UK would depend on your husband activities.

When did your husband move to the UK? What did he do since? Did he work or study? If worked, did he work for 5 continuous years?

My husband has been living and working in UK for 5 consecutive years and more. I'm very worried, as I've heard many things and can't afford legal advice. Do you know if I'm able to apply for EEA4 (perminante residence) even though my UK EEA residence card expired? Thank you for your help and advice

Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. Whether you had a residence document or not is irrelevant. Whatever the dates on your RC is irrelevant. The HO just confirm your rights. They don't grant them. If you have been living in the UK for 5 years as married to a EEA national exercising treaty rights, it seems you have PR status already. If you wish (it's optional), you can apply for a confirmation of your PR status using form EEA4.

Jambo wrote:Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. Whether you had a residence document or not is irrelevant. Whatever the dates on your RC is irrelevant. The HO just confirm your rights. They don't grant them. If you have been living in the UK for 5 years as married to a EEA national exercising treaty rights, it seems you have PR status already. If you wish (it's optional), you can apply for a confirmation of your PR status using form EEA4.

Thank you Jambo for your help, does this mean I'm allowed to work? I have not applied for EEA4 as yet. I've started a new job but they refuse to pay my wages as I do not have a COA. I am in the process of getting all our paper work together to apply for EEA4 (will my application be refused if my RC has expired)? Thanks again.

You are allowed to work but convincing an employer without proof can be difficult.

I don't think it is legal not to pay you the salary. If they have doubts, they should not employ you but they can't withdraw pay if you have worked already.

For the EEA4 application, it doesn't matter if you have a valid RC or not.

jambo your very good are you a lawyer? i do see your post you are a real guru keep it up mate.

You are fully legally in the UK. Your husband likely has PR, and you also likely have it. You can work if you wish. Or come and go.

Relax and sort out the documentation.

Directive/2004/38/EC wrote:You are fully legally in the UK. Your husband likely has PR, and you also likely have it. You can work if you wish. Or come and go.

Relax and sort out the documentation.

Thank you everyone, I feel a lot more at ease. I have emailed the company asking for my wages to be paid. I'm still waiting for a reply...

You can tell the employer to call the employer checking service run by UKBA. They can confirm that you have a right to work.

See a UKBA released document https://dl.dropbox.com/u/27885818/UK/FO ... 20work.pdf

Obie
Moderator


Joined: 21 Apr 2009
Posts: 3293
Location: UK/Ireland
Posted: Mon Jan 21, 2013 11:21 am    Post subject:
Depending on whether your husband has been exercising treaty rights continuously since 2003, you might have acquired Permanent Right of Residence in 2008, and subject to you being able to prove this and passing the Life in the UK test, you may be able to naturalise as a British Citizen.
_________________
Weeping may endure for the night but joy comes in the morning. Success doesn't come without strife

QUESTION: what information will I need to get to prove my husband has been exercising treaty rights? (sorry for starting a new thread). I'm new to forum posting)

Domischo wrote:Obie
Moderator


Joined: 21 Apr 2009
Posts: 3293
Location: UK/Ireland
Posted: Mon Jan 21, 2013 11:21 am    Post subject:
Depending on whether your husband has been exercising treaty rights continuously since 2003, you might have acquired Permanent Right of Residence in 2008, and subject to you being able to prove this and passing the Life in the UK test, you may be able to naturalise as a British Citizen.
_________________
Weeping may endure for the night but joy comes in the morning. Success doesn't come without strife

QUESTION: what information will I need to get to prove my husband has been exercising treaty rights? (sorry for starting a new thread). I'm new to forum posting)

if he was employed 5 x his p60 or payslips covering 5 years period, if he was self-employed 5 x his tax returns.

Furthermore, evidence that you and your husband resided in the UK, together with his passport /ID card and your ID card will be required for a successful application.

Obie wrote:Furthermore, evidence that you and your husband resided in the UK, together with his passport /ID card and your ID card will be required for a successful application.

Thank you for your help!

Hi there everyone. My situation is very similar. I am South African and my partner is Portuguese. I thought that my EEA permit expired this year March but in fact it expired last year March. We were so worried that I immediately quit my job. I was wondering if I would be permitted to seek employment now. I am still to apply for either a permanent EEA residency permit (EEA4 I think) or for Citizenship. I have been in the UK 9 years but my partner and I entered into a civil partnership 6 years ago. Any advice is welcomed. Thank you

Yes you can apply direct citizenship but you need to prove your partner treaty rights, it does not matter if your rc expired

Thank you nidaulhaque ....do you know if I can work and travel in the meantime before I apply for citizenship? I believe that I have acquired automatic permanent residency after 5 years.

pedvito wrote:Thank you nidaulhaque ....do you know if I can work and travel in the meantime before I apply for citizenship? I believe that I have acquired automatic permanent residency after 5 years.

Well it's depends on your employer if he agree as most of employer don't even accept Coa, travel yes u got automatic rights but airline may refuse to take u on board as they don't know rules and on entry to uk they may ask several questions so best to get your bc ASAP it's not take long 2-3 months maximum

See also Sponsors, paranoia and unfair dismissal.

pedvito wrote:Hi there everyone. My situation is very similar. I am South African and my partner is Portuguese. I thought that my EEA permit expired this year March but in fact it expired last year March. We were so worried that I immediately quit my job. I was wondering if I would be permitted to seek employment now. I am still to apply for either a permanent EEA residency permit (EEA4 I think) or for Citizenship. I have been in the UK 9 years but my partner and I entered into a civil partnership 6 years ago. Any advice is welcomed. Thank you

Hi everyone. I started a new job about a month ago. They are refusing to pay me and also insisting that I obtain a letter or proof from UKBA that I have PR and that I may work even though according to the current legislation automatic PR would have been granted. UKBA in Croydon advised me yesterday that my employer simply has to call the employer checking line 0300 123 4699 and confirm that they may release my wages and of my eligibility to work, Unfortunately they were told on this line that I should apply for the Permanent Residency stamp in my passport (which takes 6 months) as the employer has no way of know if I am still in a Civil Partnership or not. I don't know what to do because I need to work and of course need this wages to be released. Can you help me with further info please. Also would I be permitted to apply for Jobseekers Allowance as a final resort? I also called the 0300 123 4699 line myself but was advised that they would only speak to employers. Is there a number for employees to call?

Here is guidance for the ECS to deal with family members who have been refused an application. Point 2 is quite strong and applies to all family members, including you:

2. The right to reside of family members of EEA nationals is not
dependent upon possessing a document under the Regulations.
Furthermore, Directive 2004/38/EC (the Free Movement Directive) is
clear that family members have the right to take up employment or self employment.

I would do several things. Give this page to your MP. Ask your MP to get information from UKBA and provide it to you in wriitng. Your MP should hopefully be very motivated that you do not loose your job.

Consider asking your employer to call the ECS together with you (on a conference call), if that is possible. Remember that you can ask the checking service call centre person to include their supervisor on the call.

Can I ask that you do a SAR http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ with UKBA to see what information is recorded about the ECS call in the UKBA systems. I would be very curious. It would have been recorded under your name. (This take a lot of time and is not relevant to your current job confirmation)