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EEA2 and employment

Posted: Sat Dec 04, 2010 11:27 pm
by djmobeus
Hello,
I'm a British citizen with non-eu wife and we have just sent off her EEA2 application. She is currently not working right now but will probably get an offer soon.

Employers ask to see passports before employing. Does anybody know if the UKBA will be able to send back her passport so as to show it to her future employer and how long that would take.

If they don't what can we do so she can start working.

Thanks

Re: EEA2 and employment

Posted: Sun Dec 05, 2010 2:29 am
by mcovet
For her to qualify to apply using EEA2, YOU must have exercised treaty rights in another Member state prior to coming back to the UK. I assume that has been done?

As you have just sent off her application, you should expect the Certificate of Application from the UKBA acknowledging the receipt of your wife's application and stating that this should suffice for the employment purposes while the application is being processed.

It will also state that the application should be processed within 6 months, so naturally your employer would expect to see the passport then, however, the UKBA sometimes take longer and that's the matter for concern, although in limited circumstances you may threaten/actually get damages from the UKBA for breach of statutory duty/breaching the Directive 2004/38 which gives direct enforceable right against public bodies which fail to ocmply by it (or smth among those lines).

But you should be fine, the UKBA are more efficient now, expect your passport back within 6 months.



djmobeus wrote:Hello,
I'm a British citizen with non-eu wife and we have just sent off her EEA2 application. She is currently not working right now but will probably get an offer soon.

Employers ask to see passports before employing. Does anybody know if the UKBA will be able to send back her passport so as to show it to her future employer and how long that would take.

If they don't what can we do so she can start working.

Thanks

Posted: Sun Dec 05, 2010 10:01 am
by djmobeus
We were living in greece for several years. Thanks for your answer. Hopefully they wont delay us to long.