Immigrationboards.com

Got this question and not sure what to answer

"
Hi Leeloo,

I have studied most of the guides for A2 nationals and cannot find answer to my question.

I am a student since September 2012 with a Yellow certificate.
My wife has a Full Time Job since October 2012.
I finished my course in June 2013.

As I understand from UKBA I can work Full Time 4 months after my course finished which means until October 2013.

My understanding is that my wife can continue full time work as well until October 2013 and after October still full time since she completed 12 months of work.

So from October 2013 both of us can work Full Time, my wife for completing 12 months of work and me as her husband based on her 12 months of continuous work.

Can you please confirm?
"

I assume the answer is yes, that's the logic answer.

Your understanding is perfectly correct, and in any event, transitional restriction will be lifted at the end of the year, but I am sure the 2 months advantage will be handy too.

Thank you for confirmation.

He just got a Job from October and wanted to be sure that is legal.
Yes, just few more months for A2 nationals and hopefully the story with all certificates will end.

Hi Obie,

The response from UKBA:

"

Thank you for your reply.

If you wife has worked for 12 months as your dependant, and you were still studying during this 12 month period, then your wife would be exempt from work authoirsation and would have no restrictions on their working rights in the UK.

However, as you have not worked for 12 months, you would not be exempt unless you wife applied for the blue card proving her exemption.

This is because you are not considered as exempt based on a spouse/civil partners exemption, they would have to obtain the blue card themselves first.

If you wish to now take up employment in the UK, your wife would need to apply for the Blue Card based on 12 months employment in the UK and you can apply as her dependant.

"


this is very interesting...


Now, not very sure anymore about this optional requirement for Blue Card; there is no mention that the Blue Card is non-Optional but there is this grey area since in most scenarios one member needs to have a card....but still what about exercising a treaty right! damn confusing!!!

Bump!

any ideas?