BR1 - mandatory for Romanian wife who wants to work?

[flob]

Question is in the subject really.
I am a UK national who is married to a Romanian national.
We married in June 2007.
She would like to do some temporary work over the Christmas period.
If I understand correct being the wife of a UK national she does NOT have to apply for the accession worker card via the BR3 form.

Where I am confused is the BR1, reading the guidance notes seems to suggest the BR1 is optional and only required to confirm her right to work status.

She has been offfered work now and has an appointment for a NI number interview next week.
Long term the BR1 seems like it will save hassle in having to prove every time her status with marriage certificate etc., however if she waits until after Christmas to apply for the BR1 (will lose passport , marriage papers for 2 weeks or more) but works before that will she be breaking the law and subject to the 1000 quid fine?

I would be greatful for a reply on this to clear our confusion.

John

[VictoriaS]

Assuming that she is in the UK with a visa on the basis of being the spouse of a UK national, she doesn't have to fill in this form. She is exempt from having to register, as she is not int he UK on basis of an EEA national exercising her treaty rights. When she goes for jobs, her visa stating 'spouse' will be enough to prove that she can work.

I would concerned that, if she completed the BR1 form, the HO would deem that as switching status, which would then delay her permanent residency.

Victoria

[flob]

Many thanks for the quick reply.

We have been together since June 2005, but she only became resident here in May 2007, and with no fiancee or spouse VISA.

She is exercising her treaty right, therefore the BR1 one seems like a good thing to get and as soon as possible!

It seems to be a grey area, taking a paper (BR1) to prove you don't need a paper (BR3 - clearly exempt according to the guidance notes)

I guess they won't even give her an NI number until they BR1 is processed anyway.

[John]

It is confusing, especially as Romanian citizens are fully entitled to be self-employed in the UK, and they would need a NI number just for that.

I think that the BR1 is the way to go, to prove that she can be employed in the UK, as well as self-employed.