Non-EEA National Work entitlement pls help!

[MADDISON]

Hi,

My name is Miky and I am a non-EEA citizen. I was granted an EEA Family Permit to travel together with my husband in the UK. My husband is from Romania (A2 group) and he will study in UK two years beginning with September 2011. On the new form BR1 06/june/2011 it is written:

7. You will be exempt from the requirement to obtain authorization to work in the UK if:

•You are the family member of a Bulgarian or Romanian who is exercising a Treaty Right as a student, self-sufficient person or self-employed person. You will remain exempt provided that your sponsor remains a student, self-sufficient person or self-employed.

UK Border Agency:

A family member of an EEA national who intends to travel with them or join them in the UK can work without a work permit. Family members are generally not required to register under the Worker Registration Scheme or comply with the special requirements for Bulgarian and Romanian workers. The EEA national must be a 'qualified person' in the UK.
A ‘qualified person’ is an EEA national or a Swiss national who is in the United Kingdom and by virtue of EU legislation is a

•worker
•self-employed person
•self-sufficient person
•student

If you wish to exercise your Treaty right as a student you are not required to apply for a registration certificate.


My question is: May I work when my husband will begin his study?

Any help will be highly appreciated. Thank you

[alekos]

7. You will be exempt from the requirement to obtain authorization to work in the UK if:

•You are the family member of a Bulgarian or Romanian who is exercising a Treaty Right as a student, self-sufficient person or self-employed person. You will remain exempt provided that your sponsor remains a student, self-sufficient person or self-employed.

UK Border Agency:

A family member of an EEA national who intends to travel with them or join them in the UK can work without a work permit. Family members are generally not required to register under the Worker Registration Scheme or comply with the special requirements for Bulgarian and Romanian workers. The EEA national must be a 'qualified person' in the UK.
A ‘qualified person’ is an EEA national or a Swiss national who is in the United Kingdom and by virtue of EU legislation is a

•worker
•self-employed person
•self-sufficient person
•student

If you wish to exercise your Treaty right as a student you are not required to apply for a registration certificate.

Yes

[nonspecifics]

Yes.

I agree. As shown in the law quoted, if your spouse is exercising Treaty Rights the non-EEA family member is allowed to work.

You probably know this but, for others:

To be exercising Treaty Rights as a student the student must have sufficient funds for himself and family members - just a declaration is needed to confirm this.

ALSO, Students ( and self-sufficient applicants) require comprehensive sickness insurance (CSI) for themselves and ALL family members ( even if you work).

Try and get European Health Insurance Cards (EHIC) from the Romanian Government, as this is now accepted as CSI by the UKBA. ( assuming you are residents of Romania.)

If you just rely on the NHS without getting EHICs from Romania- even though NHS legislation might say you are entitled to use the NHS - the UKBA will regard that as NOT exercising Treaty Rights as you are then regarded as an unreasonable burden by relying on the NHS for the costs of your healthcare.


Beware - for the EEA to sponsor you, he is supposed to have the funds to support you in the first place.

If you ever say to the UKBA that you are the one that has been supporting the student from your earnings, they twist that around and say :

If he could not support you, then he could not sponsor you as a family member, so you, the non-EEA did not have the right to work, so those earnings are unlawful earned.

So, yes you can work, but just make sure you do not say to UKBA you work to support the EEA student.


UKBA don't warn you, but anything you tell them will be noted and if possible used or twisted around to be used AGAINST YOU.

Finally: KEEP ALL BILLS, PAPERWORK, BANK STATEMENTS, TENANCY AGREEMENTS.

You ask UKBA for Residence cards or PR and you will be requested to provide lots of documents ( much of which is not required according to the law).

UKBA always seem to make life as difficult as possible, so be prepared.

[MADDISON]

First I want to thank you for your answers. And second yes what I mean is if I can work without my husband to be obligate to apply for registration certificate and me without to apply for residence card. My husband doesn't want to apply for registration certificate but he will exercise treaty rights as a student. Am I still entitled to work

[Directive/2004/38/EC]

Your EEA Family Permit is only valid for 6 months.

After that an employer will want to see that you have a Residence Card. So as soon as you come to the UK and your husband starts his studies, you should apply for a RC. It will also allow you to travel freely into and out of the UK, as well for visa-free visits to most EU member states.

What country are you from?

[Rolfus]

Try and get European Health Insurance Cards (EHIC) from the Romanian Government, as this is now accepted as CSI by the UKBA. ( assuming you are residents of Romania.)

Could you please give a reference to where this 'now accepted' information comes from? Very interesting!

[Kitty]

The European Casework Instructions now refer to it in Chapter 4 Annex A9.

It seems they will now accept it for "temporary" residents who make a "statement of intent" to that effect, and also as proof of insurance during the qualifying period for people who are asking for confirmation of PR.

[Rolfus]

5. A statement of intent is not required for persons applying for permanent residence. As such, this is not included on the EEA 3 or EEA 4 form. This is because caseworkers must now determine whether the applicant has already acquired a right of permanent residence and a person’s intentions for the future are, therefore, irrelevant. In these circumstances, it will be sufficient for caseworkers to accept evidence that the applicant has had an EHIC for the duration of his/her five year period of residence.

Kitty, this is dynamite in the Comprehensive Sickness Insurance debate. Do you know when this first appeared? Do you want to refer to it in the CHI threads, or perhaps start a new one?

[Jambo]

This was part of the June 2011 new form. The new EEA2 form now includes a reference to CSI/EHIC in the list of supported documents. The EHIC needs to be one issued by a member state not the UK one.

[86ti]

Kitty, this is dynamite in the Comprehensive Sickness Insurance debate.

I don't see quite why. Have the UKBA not accepted health insurance plans from other member states in the past?

[MADDISON]

Thank you for all the information but my question is if I can work without my husband to be obligate to apply for registration certificate and me without to apply for residence card. My husband doesn't want to apply for registration certificate but he will exercise treaty rights as a student. Am I still entitled to work

[86ti]

Neither of you is required to apply for residence documentations. Your right to reside (and work) depends solely on your spouse exercising treaty rights, i.e. studying in your case.

[Jambo]

Thank you for all the information but my question is if I can work without my husband to be obligate to apply for registration certificate and me without to apply for residence card. My husband doesn't want to apply for registration certificate but he will exercise treaty rights as a student. Am I still entitled to work

As said before, you don't need to apply for documents but as a non-EEA national you will find it difficult to find work as employer will want to see proof you are allowed to work. Better to apply for a Residence Card for yourself. Your husband doesn't need to apply but you will need to provide his passport (or national ID card) when applying.

[MADDISON]

Thank you. Now is everything clear for me and most probably I will apply for the residence card.

[imraniqbal2010]

Thank you. Now is everything clear for me and most probably I will apply for the residence card.

Good luck,Hopefully your life will be much easier with RC .