Immigrationboards.com

Posted: **Mon Mar 11, 2019 12:20 am**

Hello,

I am non-EU who lives in EEA country with permanent resident and married to EEA national. I have applied to EEA family permit and went to UK with my spouse on 15th of January 2019, stayed 9 days and came back to EEA country. My EEA family permit visa is valid until 29th of June 2019. My wife had a couple of interview in the UK and still looking for a job there while being outside of the UK.

However, I got job offer and supposed to start by 1st fo April 2019, so we are planning to move to the UK by 31st of March. I have the following questions,

1-) as we came first 15th of January to the UK, we will be counted as started to like in the UK by 15th of january or it will be counted as 31st of March ?(It is important as in case of no deal on Brexit, EEA national needs to start living in the UK by 29th of March)

2-) Am I allowed to work in the UK with EEA family permit visa? My spouse is still looking for a job and having interviews via Skype etc.

3-) How can I apply and get national insurance number and which documents I would need?

4-) Once in the UK, to which permit / card I need to apply? Does my spouse need to have job before application or she can be lloking for a job? Do I need address to apply because my employer will be providing a couple of weeks of accomodation so I wont have address at first.

5-) Would you have any other advise for my situation?

I am new in the forum so apologies if I created this topic in wrong route and thank you so much in advance for the answers.

Posted: **Mon Mar 11, 2019 7:47 am**

#2) Didn't your new employer ask for "right of work" documentation? As far as I know Family Permit doesn't give right to work, it's normally only valid for six months, then you should apply for a residence card. https://www.gov.uk/government/publicati ... yers-guide

#3) https://www.gov.uk/apply-national-insurance-number
(don't pay anyone for this application!)

#4) Your EEA sponsor needs to exercise treaty rights, i.e. work, study, self-employed.

Posted: **Mon Mar 11, 2019 12:08 pm**

alterhase58 wrote: ↑
Mon Mar 11, 2019 7:47 am
#2) Didn't your new employer ask for "right of work" documentation? As far as I know Family Permit doesn't give right to work, it's normally only valid for six months, then you should apply for a residence card. https://www.gov.uk/government/publicati ... yers-guide
-Actually they asked but i sent them only EEA family permit visa screenshot, so i am not sure, I do not want to have some penalty for me or for the company. They are one of global SSC so thought, they know the process.

#3) https://www.gov.uk/apply-national-insurance-number
(don't pay anyone for this application!)
-thank you!!, I will check it

#4) Your EEA sponsor needs to exercise treaty rights, i.e. work, study, self-employed.

-But, does it need to be form some certain time or would be sufficient to just have a contract and start working a couple of days etc.?

And , once again thank you for the answers!!

Posted: **Mon Mar 11, 2019 3:29 pm**

Eventually I already signed a contract with the employer, so, should I inform them that I should not take a job in the UK and probably i am not allowed?

I already resign from my current job so that will be like nightmare for me

Posted: **Mon Mar 11, 2019 5:49 pm**

1. See the policy paper below:

https://www.gov.uk/government/publicati ... is-no-deal

Based on this, if there is no deal, EU citizens and their family members can continue living in the UK if they were resident in the UK by the end of March 2019. Therefore, I don't think your first entry to the UK under the family permit would matter. You would need to effectively move to the UK before the end of March 2019 to be able to continue benefiting from your wife's EU citizenship.

2.Theoretically, as an EEA family permit holder, you can take up employment in the UK. However, the employers almost never consider the EEA family permit as an adequate document for such purpose as it is issued under EU regulations and not UK laws. As such, it is not considered as a "right of work" documentation.

4. Assuming that your employer won't sponsor you for a visa, you should come into the UK with the family permit and thereafter apply for a residence card as the direct family member of an EEA national, i.e., your wife. To be able to do that, your wife should already be in the UK (or arrive together with you) and be a qualified person. See the link below re: the residence card application:

https://www.gov.uk/apply-for-a-uk-residence-card

Someone who is looking for a job (in this case, your wife) can be deemed to be a "qualified person" if certain conditions are met.

You need to provide an address for the application, but it can be a temporary address as long as you can receive correspondence.

You may also want to read some of the threads in the forum to understand the difference between the EEA Route Applications, which may no longer be available after March 31st, and the new "Settled/Pre-Settle Status" system, which will fully come into effect after March 31st.

Best of luck!

Posted: **Mon Mar 11, 2019 6:26 pm**

Hi,
First of all don't panic. You do have the right to work. Your employer will wish to verify this with the Home Office. Second, once your wife starts to work, you (both of you) can apply for resident cards or pre-settled status. If your wife cannot find work you can still apply but you need to show that she is a jobseeker (qualified person).
I would advise you to travel week earlier to be able to apply for NINO. You can start work while waiting for this.
A lot depends on your employer - if they understand your rights all will be fine.
Do not panic.

)
P.S. I called HO when we arrived, they confirmed that I had the right to work. Ask your employer to make a call
P.P.S. 9 days in January do not count because your wife didn't stay in the country. It was just a visit.

)

Posted: **Sat Mar 16, 2019 9:23 pm**

Sgun wrote: ↑
Mon Mar 11, 2019 5:49 pm
1. See the policy paper below:

https://www.gov.uk/government/publicati ... is-no-deal

Based on this, if there is no deal, EU citizens and their family members can continue living in the UK if they were resident in the UK by the end of March 2019. Therefore, I don't think your first entry to the UK under the family permit would matter. You would need to effectively move to the UK before the end of March 2019 to be able to continue benefiting from your wife's EU citizenship.

2.Theoretically, as an EEA family permit holder, you can take up employment in the UK. However, the employers almost never consider the EEA family permit as an adequate document for such purpose as it is issued under EU regulations and not UK laws. As such, it is not considered as a "right of work" documentation.

4. Assuming that your employer won't sponsor you for a visa, you should come into the UK with the family permit and thereafter apply for a residence card as the direct family member of an EEA national, i.e., your wife. To be able to do that, your wife should already be in the UK (or arrive together with you) and be a qualified person. See the link below re: the residence card application:

https://www.gov.uk/apply-for-a-uk-residence-card

Someone who is looking for a job (in this case, your wife) can be deemed to be a "qualified person" if certain conditions are met.

You need to provide an address for the application, but it can be a temporary address as long as you can receive correspondence.

You may also want to read some of the threads in the forum to understand the difference between the EEA Route Applications, which may no longer be available after March 31st, and the new "Settled/Pre-Settle Status" system, which will fully come into effect after March 31st.

Best of luck!

Thank you very much! much appreciated

Posted: **Sat Mar 16, 2019 9:32 pm**

NatCam wrote: ↑
Mon Mar 11, 2019 6:26 pm
Hi,
First of all don't panic. You do have the right to work. Your employer will wish to verify this with the Home Office. Second, once your wife starts to work, you (both of you) can apply for resident cards or pre-settled status. If your wife cannot find work you can still apply but you need to show that she is a jobseeker (qualified person).
I would advise you to travel week earlier to be able to apply for NINO. You can start work while waiting for this.
A lot depends on your employer - if they understand your rights all will be fine.
Do not panic.)
P.S. I called HO when we arrived, they confirmed that I had the right to work. Ask your employer to make a call
P.P.S. 9 days in January do not count because your wife didn't stay in the country. It was just a visit.)

Hi NatCam,
Thank you very much!

I was a bit panic because employer is going to provide flight tickets and accomodation this week, so, in case I do not have the right then cannot imagine

My wife is still having interviews, not sure if she is going to get a contract by the end of March. But, how this confirmation of Joobseeker(qualified person) should look like? Do you have some suggestion? For example, email correspondences regarding to interviews? or confirmation from agencies that she is actively looking for a job? Such things would be sufficient? (May be just a rumor but I heard that if the sponsor is joobseeker, in such case COAs for non-EU sposue come with no right to work until she start working??)

According to my contract and employer, I am supposed to start working by 1st of April and they will be waiting for my NINO and resident card but it seems that I am more worried then them to do smth which is not right etc.

Oh, so your EEA sponsor had the same circumstance?(She just moved and was looking for job?) Alright, will do the same for sure, and hopefully all will be fine.

Once again thank you so much!

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