EEA FP, EEA RC and contract work
Posted: Wed Feb 11, 2015 1:31 pm
Hello everyone,
First off, apologies if I am asking the obvious questions; I have skimmed through many pages on this forum and there are still some things I am unsure of and I hope somebody here could help me make sense of it.
I am a EEA national from Slovenia; I moved to the UK in October 2012 and did my 2-year full-time Masters (graduated August 2013). Then I lost my passport while moving from Edinburgh to London and received a new one at the Slovenian Embassy in London. I have at the time also changed my residential address to the one in London, which is now written in my passport. After that I spent about 3 months with my partner in Egypt and during this time I retained my rental contract and paid my rent for the place in London. Upon returning in January 2014, I was actively seeking employment until July 2014, but did not seek benefits. I am now employed on a contract since July 2014 which is being regularly extended (it is project work which will end probably in September; currently my new extension is until end of June). Now, it is almost 100% that I will get a permanent job at my employer after the project finishes, as they need to keep people on, however, I cannot get a confirmation on when this decision will be made (possibly as late as June, July, August, I'm afraid).
My first questions are:
1) Is my working on a contract and not having a permanent job (I do earn substantially over £18,600, even though this is not necessary for the EEA FP) going to be a problem for my partner to receive an EEA FP? S
2) Should we wait with our application for FP until I get offered a permanent position and...
3) ...is my being unemployed, although actively seeking employment, between August 2013 and July 2014, going to be a problem, or should I not mention anything before the start of my contract?
I am also a bit fuzzy about the EEA FP rights:
5) If I understand correctly, as long as I (as the EEA national) exercise my treaty rights in the UK, my husband (we will marry in April) has every right to receive the FP and in case it has been denied, that would be either due to our mistake on th application or due to the caseworker not following the procedures?
6) I also do not understand whether my partner has to leave UK after the 6 month period if he doesn't apply for an RC or whether he actually can stay but won't be able to travel or work with an expired one?
7) Would my possible change of job after my partner received FP and before applying for RC be a problem?
8. After he has received an RC, what happens if I change jobs and have a period of (let's say) a week in-between both jobs? Have I not exercised my treaty rights in this case and could my partner be denied his RC on account of that?
I read here that many of you did not answer every question on the application form for FP; I myself was a bit confused about the reason for my partner's coming to UK and date of return, as well as about his salary in Egypt. Clearly we want him to come here so we can start a life together and not exercise the right of a EEA family member to visit his spouse for 6 months and then leave, I assume that is clear to the authorities
He is also currently unemployed and is financially dependant on his parents while his savings are also negligible in comparison with the UK standard. Will this be detrimental to the application for FP as the non-EEA spouse now also needs to provide proof of their financial situation?
I apologize if these questions have already been answered, I just want everything to work out fine and I am a bit worried when reading posts up here as it seems like an RC is easier to get than a spouse or even tourist visa even..
Thank you
First off, apologies if I am asking the obvious questions; I have skimmed through many pages on this forum and there are still some things I am unsure of and I hope somebody here could help me make sense of it.
I am a EEA national from Slovenia; I moved to the UK in October 2012 and did my 2-year full-time Masters (graduated August 2013). Then I lost my passport while moving from Edinburgh to London and received a new one at the Slovenian Embassy in London. I have at the time also changed my residential address to the one in London, which is now written in my passport. After that I spent about 3 months with my partner in Egypt and during this time I retained my rental contract and paid my rent for the place in London. Upon returning in January 2014, I was actively seeking employment until July 2014, but did not seek benefits. I am now employed on a contract since July 2014 which is being regularly extended (it is project work which will end probably in September; currently my new extension is until end of June). Now, it is almost 100% that I will get a permanent job at my employer after the project finishes, as they need to keep people on, however, I cannot get a confirmation on when this decision will be made (possibly as late as June, July, August, I'm afraid).
My first questions are:
1) Is my working on a contract and not having a permanent job (I do earn substantially over £18,600, even though this is not necessary for the EEA FP) going to be a problem for my partner to receive an EEA FP? S
2) Should we wait with our application for FP until I get offered a permanent position and...
3) ...is my being unemployed, although actively seeking employment, between August 2013 and July 2014, going to be a problem, or should I not mention anything before the start of my contract?
I am also a bit fuzzy about the EEA FP rights:
5) If I understand correctly, as long as I (as the EEA national) exercise my treaty rights in the UK, my husband (we will marry in April) has every right to receive the FP and in case it has been denied, that would be either due to our mistake on th application or due to the caseworker not following the procedures?
6) I also do not understand whether my partner has to leave UK after the 6 month period if he doesn't apply for an RC or whether he actually can stay but won't be able to travel or work with an expired one?
7) Would my possible change of job after my partner received FP and before applying for RC be a problem?
8. After he has received an RC, what happens if I change jobs and have a period of (let's say) a week in-between both jobs? Have I not exercised my treaty rights in this case and could my partner be denied his RC on account of that?
I read here that many of you did not answer every question on the application form for FP; I myself was a bit confused about the reason for my partner's coming to UK and date of return, as well as about his salary in Egypt. Clearly we want him to come here so we can start a life together and not exercise the right of a EEA family member to visit his spouse for 6 months and then leave, I assume that is clear to the authorities
He is also currently unemployed and is financially dependant on his parents while his savings are also negligible in comparison with the UK standard. Will this be detrimental to the application for FP as the non-EEA spouse now also needs to provide proof of their financial situation? I apologize if these questions have already been answered, I just want everything to work out fine and I am a bit worried when reading posts up here as it seems like an RC is easier to get than a spouse or even tourist visa even..
Thank you