Immigrationboards.com

A new problem has come up...

I(non-eea married to my husband who's an A8 citizen) and my husband sent a EEA1&2 joint application form this February,and I received the COA on the 1st of March.
Recently my husband started working in a new company, and they require him to register to the WRS,although he completed legal continuas working for 12months in 2009
What the company requires him to prove is the confirmation that he has applied for the EEA1. I've received the COA because I'm non EEA national as I always need to clarify my visa status,but he's got a right to live and work in the UK,as he's an EEA citizen, so any confirmation to prove he's applied for the EEA1?? Can I get it if I call the UKBA??
What the company says is that prove my husband has applied for the EEA1, otherwise register to the WRS, otherwise he'll be kicked out at work!

I know it's a ridiculous question, but I'd appreciate any suggestions/advices, because I have no idea....

Has your husband received anything from UKBA in relation to his application?

Hello, Directive/2004/38/EC.

No,he hasn't received anything,but only I've got the COA as I'm a non EEA citizen.

Actually I called the UKBA this morning, and found that the COA was only for non EEA nationals, so it's only for EEA2&4 applicants.
No confirmation nor proof for EEA1&3 applicants

See http://www.businesslink.gov.uk/bdotg/ac ... =RESOURCES

Page 21 & 22 of the PDF file ("You can download guidance on checking a candidate's documents from the UKBA website (PDF, 198K)") is very useful.

You might want to refer the employer to this...

>>Directive/2004/38/EC

Thank you for the precious information!

I've found why the new company forces my husband to register under the WRS, after reading the 22nd page in the guidance below.

If you continue to employ a nonexempt
unregistered national from one
of the A8 countries for more than one
month without retaining a copy of their
application form or their certificate
of registration, you may commit a
criminal offence under The Accession
(Immigration and Worker Registration)
Regulations 2004. The maximum
penalty on conviction is £5,000.

The thing is he is exempt as he completed working for the continuas 12months in 2009,but without registering under the WRS. One reason why the company doesn't regard as he's completed the 12months continuas working is because he's been keeping his status as self-employed, while he was employed for 6months in 2008-9 as well.
Besides, he applied for a registration certificate this February with my EEA2, so it's supposed be issued by the middle August, but the company can't wait for it because of a wording above(more than one month without blabla).

He registered as self-employed in August 2008, but was employed for 6months between September 2008-March 2009, keeping his self-employed status. He kept it because he'd been working as self-employed at first, and worked sometimes for his first job while he was employed, as a side job. After the 6months period, he left the employed work,and returned to the complate self-employed,and so has he been up to now.
What the company says is that they don't regard him as he's completed the legal continuas 12months working, because he left 'the employed work' just after 6months,not 12months.

In the "Who is exempt from registration?" section in the UKBA website, it's written as

you have already been working legally in the UK for 12 months without a break in employment

I've regarded it as it doesn't matter if it's employed or self-employed, but what's important is its legal and for 12 months without a break.
I joined him last December,having the EEA FP, and I'd submitted his documents as he was an A8 national who'd completed the legal continuas 12months working when I applied for the EEA FP, so the documents were the ones earned by both status(self-employed/employed). Then, my EEA FP was successfully issued,and we applied for both his registration certificate(EEA1)&my resident card(EEA2) this February. We've been waiting for them, but no confirmation is issued for my husband as he's an EEA national, then he's been in trouble in the company.....

On that web page there is a phone number for UKBA for employers to call. You should call them and talk with them, and then (if they are useful) could pass the number on to the employer.

Thank Directive/2004/38/EC again!

I called the UKBA and found that working the self-employed basis isn't counted as a part of 'working legally in the UK for 12 months without a break', but it's no problem to keep the status as self-employed while being employed as well.
So, actually my husband could register under the WRS while keeping his self-employed status, but he applied for a registration certificate as a self-employed person this February, with my EEA2. I applied for a residence card,not for the FMRS,as a dependant of an EEA citizen who was self-employed.

What I'm afraid is that if he registers under the WRS now, it will affect his EEA1 and my EE2 applications sent this February,because his status on the documents is self-employed.
The best way is that the UKBA issues his registration certificate now,then the company won't force him to register under the WRS anymore, but since it's not only his single application,but a joint application with my EEA2, it can take up to 6months officially, and possibly longer in real

I am no expert on what goes through the mind of UKBA in these things, but I suspect that all they care about is that your husband is working doing constructive things, and that the combination of self-employed and employed does not make much of a difference. Note especially that you can work for an employer and be self-employed (e.g. at night doing your internet based business) as well - many people do it.

I personally would not worry about it too much, and I would likely just register for the WRS if it makes it easier to get a job.

It's been a while,everyone...

My husband eventually applied for the WRS about the middle of June, otherwise he could have been fired from his work, remaining his EEA1 application ongoing.
He was forced to register under the WRS althoufh he applied for a Registration certificate together with my EEA2, so he enclosed a letter that actually he wasn't willing to register under the WRS as he'd been an applicant for a RC,but did it not to lose his job when he sent his application form for the WRS.

He received his ID and a letter from the UKBA yesterday, and it was written as 'your application for the WRS has been withdrawn, because you no longer wish to register for it. However, you can apply for it whenever you wish.' It seems the same letter was sent to his work as well, and they've fired him because he didn't register under the WRS
Of course he explained that he didn't need to register to the WRS because he'd applied for the RC this February and he'd been waiting for it many times, but his work has never listened him,besides they just threatened that he had to register to the WRS, otherwise they'd fire him, and it happend yesterday.

He enclosed that letter because we were afraid that duplicated applications for the WRS and a RC may have divarted my visa procedures, so he wanted to be an applicant only for a RC.
Anyway, it's illegal to fire workers without any notice in advance, so he's going to the citizen advice on Monday.
I haven't heard anything form the UKBA although we applied for our EEA1&2 on the 17th of February, besides my passport has still been at home because I requested to send it back for a travel purpose this April....

hello