Posted workers and EEA-family migration

[Czdude]

Hi, I am the non-EU spouse of an EU citizen. We are currently living in the Czech Republic and plan to move to the UK to work for our own business. I do not require a visa for the UK (I am American), so I know that it is possible to get entry clearance and a code 1A (now EEA family permit) at the border on arrival upon submission of with various documentation (job contracts, proof of relationship, etc.), which would then be followed by an application for a EEA2 permit.

However, as our stay in the UK would likely be for just a couple of years, I was wondering if we could instead go the posted workers route or not. My question is whether it would be possible to get the relevant entry stamp (see https://www.gov.uk/government/publicati ... kers-eun04) at the border and then not have to go through all of the EEA 2 permit hassle. Is this an option?

[chaoclive]

Hi, I am the non-EU spouse of an EU citizen. We are currently living in the Czech Republic and plan to move to the UK to work for our own business. I do not require a visa for the UK (I am American), so I know that it is possible to get entry clearance and a code 1A (now EEA family permit) at the border on arrival upon submission of with various documentation (job contracts, proof of relationship, etc.), which would then be followed by an application for a EEA2 permit.

However, as our stay in the UK would likely be for just a couple of years, I was wondering if we could instead go the posted workers route or not. My question is whether it would be possible to get the relevant entry stamp (see https://www.gov.uk/government/publicati ... kers-eun04) at the border and then not have to go through all of the EEA 2 permit hassle. Is this an option?

Depends on whether or not you meet the requirements for posted workers. I guess this depends on your work and that of your spouse.

You do not have to apply for EEA2 (which is VERY easy anyways) after getting code 1A at the border. I think you should consider the EEA option as it would probably be easier.

Code 1A is not the same as EEA FP. One has to be applied for in advance (FP) and the other one is provided at the border. A lot of people don't really understand the code 1A (e.g. banks/employers) so it may cause problems if you want to open a bank account/find work etc.

[Czdude]

Thanks - tend to agree since the posted workers route is a bit vague.

I am not that worried about work issues with a code 1A since we run our own business, and there isn't an employer per se to convince about immigration status. I am more concerned with travel dynamics while the EEA2 is in process. I travel A LOT (easily 4-5 months/year) and finding time to be without my passport to apply for the COA is rather a challenge. My impression is that the posted worker stamp is a one-time deal at the border on entry, but I could be wrong about that.

A second question - if I am in the UK on a posted worker visa (or maybe more clearly, if I am in the UK as the dependent of someone who is themselves posted, it could be done either way), would I keep my residence card in my existing EU country or not, since the stay in the UK does not count towards permanent residence?