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Search found 23 matches

by gehrig
Sun Dec 30, 2012 6:03 pm
Forum: EU Settlement Scheme
Topic: Residence Card (Spouse of EEA National) Refused
Replies: 8
Views: 1896

I found out the hard way that applying as a job-seeker is hard to prove. My wife was self-employed or employed for much longer than one year, unemployed for less than 6 months and was registered as a job seeker - the refusal letter referred to the "genuine chance" of gaining employment not being met ...
by gehrig
Sun Dec 30, 2012 10:27 am
Forum: EU Settlement Scheme
Topic: Residence Card (Spouse of EEA National) Refused
Replies: 8
Views: 1896

I sent in another application for EEA2 last week. In case it helps someone else in the same situation: The actual Immigration (EEA) Regulations are accessible and more helpful than the UKBA's information (their website, helpline and application forms are sometimes contradictory). <http://www ...
by gehrig
Thu Dec 06, 2012 9:26 pm
Forum: EU Settlement Scheme
Topic: Residence Card (Spouse of EEA National) Refused
Replies: 8
Views: 1896

Thanks for the replies. No my wife has not found a job. At this point, if I re-apply, it would have to be on the basis of her being self-sufficient rather than a jobseeker (we are living on the funds my job - I'm employed in the UK, but of course need to remain eligible). The only problem I'm having ...
by gehrig
Thu Dec 06, 2012 5:00 pm
Forum: EU Settlement Scheme
Topic: Residence Card (Spouse of EEA National) Refused
Replies: 8
Views: 1896

Residence Card (Spouse of EEA National) Refused

A brief history (some details included in a previous post in May): • USA husband; Polish wife living in Poland together for 4 years before 2012 • Applied for EEA family permit, placed in my US passport in May, 2012 • Moved to the UK on 22 July, 2012. EEA vignette stamped in passport at border cross ...
by gehrig
Mon Jun 18, 2012 1:16 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Update

As an update on the original post. The employer I was talking about agreed that an EEA FP would allow me to work for a twelve month period.

It seems they've made the correct interpretation of the Comprehensive Guidance for Employers.
by gehrig
Mon May 28, 2012 5:36 am
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

[quote=EUsmileWEallsmile]The issue only arises if one manages to get EU documentation and later turns out not to be a family member exercising treaty rights. In the example I gave, the EU principle left the UK.[/quote] The most reasonable way to understand things at this point is that the FP clearly ...
by gehrig
Sun May 27, 2012 9:55 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Remember the picture is actually of an EEA family permit issued under the 2000 regulations. This may not be an accident. That's an interesting point. How could we get an answer for that? How could one find out why they didn't use the newer FP and whether there's a reason for it? And if the current ...
by gehrig
Sun May 27, 2012 9:37 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Non-EU spouse works in the UK, for simplicity let's say the EU spouse was initially exercising treaty rights, but for some reason stopped (let's say they returned to their home country). The non-EU spouse now has no entitlement to work. The border agency checks up and the employer is discovered to ...
by gehrig
Sun May 27, 2012 4:47 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

"document" is a broad term that could cover the FP
by gehrig
Sun May 27, 2012 4:44 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

SI (excuses) http://www.legislation.gov.uk/uksi/2007/3290/schedule/made Family permit - not mentioned True, the FP isn't mentioned by name: A residence card or document issued the Home Office or the Border and Immigration Agency to a family member of a national of a European Economic Area country ...
by gehrig
Fri May 25, 2012 9:28 am
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

I suspect there is massive demand for permits and RCs and given the recent state of the economy, the UK government is no hurry to issue large numbers of RCs and permits to foreign nationals. Just a thought.
by gehrig
Thu May 24, 2012 10:37 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

EUsmileWEallsmile is an excellent Devil's Advocate. And then Directive or Jambo countering EUsmile gives me good references to strengthen my case. Greatly appreciated info from all sides, I must say. Yes, it is something of a dream job and a pretty specialized field that I'm a good match for. So, my ...
by gehrig
Thu May 24, 2012 9:38 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Unless perhaps that they did not intend for a family permit to be an excuse. I wonder if my theory is correct. My theory is: The EEA Regulations clearly state that EEA Nationals and their spouses have the right to free movement, including employment. The UK government doesn't necessarily like this ...
by gehrig
Thu May 24, 2012 9:00 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

If the employer reads the following guidance, he may be satisfied. Thanks for that reference. That's very useful. I certainly do intend to apply for a RC (and thus receive a COA) ASAP. Moving to the UK immediately would certainly be the best way to go, in a perfect world, as far as getting the COA ...
by gehrig
Thu May 24, 2012 8:21 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Right, I think I actually knew that about the employer checking service.

The UKBA clearly doesn't make it easy to understand that entering, accompanied by my spouse, on an EEA FP allows employment.

I wonder if a letter from a solicitor explaining the eligibility would be a good investment?
by gehrig
Thu May 24, 2012 1:52 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

As an update, I received a call from the UK Embassy in Warsaw letting me know that the EEA FP has been issued. They will ship my passport to my city in Poland by courier. Date of application: 9 May Date FP processed: 24 May Next step is to apply for the job, informing the employer that I am eligible ...
by gehrig
Wed May 23, 2012 11:46 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Good point as well about the wording when I present my application + eligibility to them.

Thanks to EUsmile for the specific links. Anyone know a link to a picture of the current EEA FP vignette and the wording? Searched but didn't find one.
by gehrig
Wed May 23, 2012 11:17 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

I have an idea that may save you some grief. Why don't you ask the prospective employer if they would be prepared to accept a family permit as proof of entitlement to work in the UK? Very good point. When the prospective employer told me that I needed a "spouse visa" when I asked if they would ...
by gehrig
Wed May 23, 2012 8:20 am
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Many thanks to EUsmileWEallsmile and Directive/2004/38/EC for the very helpful replies. I think Directive's last reply is very to the point - I want to have evidence of eligibility to work as soon as I enter the UK, without waiting for a COA to be issued. In this way, I can apply for jobs from ...
by gehrig
Tue May 22, 2012 10:15 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Thanks EUsmile for that response. What I'm wondering about is you say an employer "might" accept a FP. What I've read is that a family permit does allow me to work from Day 1 entering the UK -not "might". Is it down to the employer knowing the law? Or me convincing them of my eligibility. My plan ...
by gehrig
Tue May 22, 2012 4:20 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Just to clarify the last paragraph. I applied and interviewed for a job in the UK in complete ignorance of the existence of an EEA FP. After the interview the employer told me i was a "preferred candidate" but they couldn't offer me a job unless I could show eligibility to work in the UK. So they ...
by gehrig
Tue May 22, 2012 4:12 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

Thanks for the reply. In addition to your post, I submitted: covering letter from my wife stating: she is seeking a job and intends to move to UK, together with me. copies of my temp RC in Poland. Wife's national ID card (Polish) Photos of my wife and her child (from a prev rel. but currently with ...
by gehrig
Tue May 22, 2012 3:09 pm
Forum: EU Settlement Scheme
Topic: EEA FP Application in Poland
Replies: 69
Views: 10034

EEA FP Application in Poland

Hello. First post on this very useful forum. I've applied for an EEA FP on the basis of my wife intending to be a job-seeker. Had my appointment at the British Embassy in Warsaw on 9 May. No word back yet. I'm a national of the USA, my wife is Polish. We've lived together since 2008 in Poland ...