Where 2 get PROOF of right 2 work in first 90 days residence

[sarah82]

In EC law it states that during the first 90 days in a member state/ host country, that the EEA national and their NON-EEA family member are free to work.

However after 90 days both the EEA national and the family member are required to register, and in order to register the EEA national needs to be at that time a 'qualified person.'

So if during the first 90 days there is no requirement to register and the NON-EEA family member has the legal right during those first 90 days where are they to obtain confirmation of right to work, tax/insurance number etc?

Eg: Brazilian national and German spouse enter Italy from Brazil on a schengen visa.
Brazilian national has right to enter employment as spouse of an EEA national, but how do they go about obtaining proof to show potential employers?

In reality would they wait months on end to even receive this proof?
What are the realistic chances of being able to secure employment in those first 90 days

[86ti]

http://www.immigrationboards.com/viewtopic.php?t=80594

[Directive/2004/38/EC]

Eg: Brazilian national and German spouse enter Italy from Brazil on a schengen visa.
Brazilian national has right to enter employment as spouse of an EEA national, but how do they go about obtaining proof to show potential employers?

Is this the actual nationalities of the people involved, and where they will live? Why would the Brazilian need a Schengen visa?

In the UK, the visa (which the UK calls an "EEA Family Permit"), explicitly allows the holder to work for the 6 months. And if you do not have that visa, but can prove that you are married to an EU citizen, you can get a Code 1A stamp on arrival at the airport, which also proves you can work.

Ireland does not do it through the visa or entry stamp, but does have a setup were the spouse can (quickly? easily? not sure!) apply for a work permit very early. In theory they should be able to work from the moment they arrive in the country, but this is kind of an Irish workaround to that problem...

There is no Schengen wide solution. Each member will have their own solution.

Germany issues Residence Cards very quickly and may not need any proof that the EU citizen is working. You might also be able to get a settlement visa from the German embassy which explicitly allows you to work on arrival, but I suspect that is not so clearly laid out and may require some fighting.

What is your real situation?

[sarah82]

Hi there,

Thanks for your reply.

Actual situation is: i'm british and my husband is moroccan.
Entering Italy from morocco so husband has no residence other than in country of origin hence the need for a schengen visa.

But once in Italy (as a family member of an eea national on a schengen visa.) although he will have the right legally to work, this would be extremely difficult to prove, as i doubt many an employer would simply take someones word for it that a family member has right to employment!

We have some contacts in italy and i will be job-hunting but the way i understand this eea route is (correct me if i'm wrong) my husband can't apply for a family member residence permit (?) in italy until i am a qualified person which in my case would be when i have secured employment.

So during the first 90 days i don't know how he could prove his right to work?

[86ti]

Entering Italy from morocco so husband has no residence other than in country of origin hence the need for a schengen visa.

You are in the wrong forum actually and should have posted this to the Europe immigration forum.

[onemoretime]

In the UK, the visa (which the UK calls an "EEA Family Permit"), explicitly allows the holder to work for the 6 months. And if you do not have that visa, but can prove that you are married to an EU citizen, you can get a Code 1A stamp on arrival at the airport, which also proves you can work.

@Directive/2004/38/EC

Do tell!!!

Can you elaborate on this Code 1A stamp upon arrival in lieu of the EEAFP? Does this mean that (assuming one is a non-visa national who can enter the UK sans-visa anyway) me (a German residence permit holder with US passport ) and my husband (German national) can fly from Germany to the UK together without the EEAFP with all our luggage, and still be let in without having to apply for the EEAFP with full right to settle and work because of this magic stamp? How hard would this be to accomplish and what would I need to bring to the airport? Perhaps my marriage certificate and the EU regulations in hand? What are the “risksâ€

[alekos]

I flew in to the UK without EEAFP first. I came in armed with: Wife (polish), marriage certificate and lots of patience.
The biggest delay was at the airport outside the EU explaining the airline my wife's right to travel with me. In the UK, it all took 20 minutes at the border, EU Line. Be patient.

[Directive/2004/38/EC]

Do tell!!!

Done, just for you: http://eumovement.wordpress.com/2010/08 ... to-travel/

I am not clear how well known Code 1A is among employers. I have never seen one. (found a blurry photo of one here)

You only need to provide minimal information on an EEA Family Permit application, notwithstanding all the intrusive questions for form asks. As a non-EU living in Germany with your spouse, you do not need to answer questions about your old employment, future employement, savings, housing details, etc... But it is hard to know what to avoid on that awful form!

[onemoretime]

Do tell!!!

As a non-EU living in Germany with your spouse, you do not need to answer questions about your old employment, future employement, savings, housing details, etc... But it is hard to know what to avoid on that awful form!

Wow, thank you for all the info!! I am considering it. You have been so wonderfully helpful, that I hope you don’t mind if I ask one more rather long set of questions since I have your attention? As these questions are in relation to what we have said ealier in this thread, I did not want to start a new thread and restate everything.

If I should turn “chickenâ€

[Jambo]

As you are aware, the VAF fit-for-all form doesn't really fit EEA applications. I would be tempted to answer "N/A. Not required when applying under EEA regulations" where possible (I guess that in some questions, the on-line application won't let you proceed without putting some data in such as dates. Don't worry, it has no effect on the outcome of the application).

[quote]
5.1 ) "What are your current personal circumstances?â€

[slowmotion85]

I flew in to the UK without EEAFP first. I came in armed with: Wife (polish), marriage certificate and lots of patience.
The biggest delay was at the airport outside the EU explaining the airline my wife's right to travel with me. In the UK, it all took 20 minutes at the border, EU Line. Be patient.

Hi, of which country ur citizent? And do u have some advice, cuz my wife is polis and im from Bosnia, we want to try to travel to uk for 6 months with that stamp a1, withojt me having any visa or eea fp. From which country did u travel to uk, and which questions did they ask u, peace

[ukforever]

[quote="onemoretime"]But, the UKBA website says I mustâ€

[Stefan-TR]

I am not clear how well known Code 1A is among employers. I have never seen one.

FYI: A scanned photo of my wife's Code 1A is included in this ukresident.com article: Derived free Movement Rights at the Border without a Family Permit or Residence Card

I hope the deep links work for you.

[Directive/2004/38/EC]

Cool! Thanks.

Why did you register with the police after arriving?