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Apply for EEA2 with less then 1 week in UK

Posted: Sat Mar 01, 2014 3:48 pm
by JulianaV
Hi, everyone !

I'm EEA and my Hubby is Brazilian. Our 6 years old son is EEA. There is 2 employment offers to my husband, but sounds like he cannot accept anyone because he need to apply for EEA and at least receive a COA.

The problem is: For that I need a job, a formal job with contract and stuff because the law has been changed and I cannot apply as jobseeker anymore.

Also, based on those links: https://www.gov.uk/government/uploads/s ... -guide.pdf and https://www.gov.uk/legal-right-work-uk a Stamp 1A or EEA FP is not acceptable anymore.

So, the law is tricky, because based in EU laws, my husband have FULL RIGHTS to start to work since he steps in UK.
However, the government have FULL RIGHTS to apply a penalty fee of 10k GBP if someone hire me without at least a COA.

So, my husband as EEA Family member, he is not subject to the same treatment then me and I don't want to believe this. We are considering to leave UK because it's not fair and the government is acting like a chicken.

Anyone can give me a hint ?

Re: Apply for EEA2 with less then 1 week in UK

Posted: Sat Mar 01, 2014 4:32 pm
by UKBA HUNTER
In your other recent thread your hubby is American and you have eea national daughter in comparison from now you saying your hubby from brazil and eea son. I just noted down that different writings. :roll:

Re: Apply for EEA2 with less then 1 week in UK

Posted: Sat Mar 01, 2014 5:48 pm
by chaoclive
Hi - does it specifically say that Stamp 1A/EEA FP is not enough to work?

I doubt this is the case.

Anyone else know about this?

Re: Apply for EEA2 with less then 1 week in UK

Posted: Sat Mar 01, 2014 6:08 pm
by JulianaV
chaoclive wrote:Hi - does it specifically say that Stamp 1A/EEA FP is not enough to work?

I doubt this is the case.

Anyone else know about this?
No, the links above say very clear what exactly is necessary to allow ANYONE and it's includes Britishs , EEAs and Family Member.
And there is no such thing about EEA FP or Code 1A. But keep in mind that news roles started this year. I don't have old versions of documents to compare. Btw, I support your idea to wait about what others have to say.

Also, I know that apply as Jobseeker on Job Centre is no longer a option too. It's requires 3 months of unemployment because after registration you will start to receive money from the government. This is the missing link of my puzzle: Sounds like the EEA can stay 3 months without exercising treaty rights in UK hence I start to ask if it's really necessary to get a job first before my husband if we arrived here together - But I can't locate such information to confirm.

Re: Apply for EEA2 with less then 1 week in UK

Posted: Sun Mar 02, 2014 10:09 am
by EUsmileWEallsmile
To answer your question, a person can apply for a residence card immediately. For it to be successful, their EU partner would need to be exercising treaty rights - worker, student, self-sufficient - a worker would include job-seeker, but one would be expected to have a realistic chance of obtaining work.

Re: Apply for EEA2 with less then 1 week in UK

Posted: Sun Mar 02, 2014 10:28 am
by JulianaV
EUsmileWEallsmile wrote:To answer your question, a person can apply for a residence card immediately. For it to be successful, their EU partner would need to be exercising treaty rights - worker, student, self-sufficient - a worker would include job-seeker, but one would be expected to have a realistic chance of obtaining work.
In this board there is some posts containing refusal for jobseekers that's says it's necessary to register as jobseeker at the Job Centre Plus. I was in person there 3 days ago and they said: You cannot register yourself here because you need to stay unemployed for 3 months - This is the new rules that's started at 01/Jan/2014.