Page 1 of 1
Offer of employment but EEA residence stamp running out
Posted: Tue Jun 14, 2011 9:49 am
by andrej
I have recieved an offer of employment from the NHS

supposed to start in late July 2011 BUT...
My 5 year EEA residence stamp is running out 14 August 2011. The human resources made copies of my passport and EEA stamp but have not said anything yet.
What do I tell them if they point to my short time period remaining on the EEA stamp?
I mean I could explain (if given a chance) that I qualify for permanent residence and will be applying soon, that the waiting period is 6 months, that my wife is an EU citizen exercising treaty rights, that I am entitled to employment... I mean I could say so many things but how do I back them up?
After all it is the NHS... they should have experience in dealing with visas, work permits and such... right?

Posted: Tue Jun 14, 2011 1:07 pm
by fysicus
I suppose your Residence Card was issued on 14 August 2006 and you applied for it a few months earlier, so it seems likely that you already qualify for Permanent Residence. If so, then you have already acquired it automatically.
When you apply for confirmation of your PR (by EEA4 form) you will get a Certificate of Application (similar to what you must have received in 2006 as well) explicitly confirming your right to work pending the processing of your application. If you send in the EEA4 before the end of June, you should get the CoA well before the 14th of August. The processing time of EEA4 applications is nowadays a bit better than the 6 months (maximum allowed by the law), approximately 4 months or so is a realistic expectation.
You can always point to the guidance on the UKBA website or UK Visas:
http://www.ukvisas.gov.uk/en/howtoapply ... snationals and
http://www.ukba.homeoffice.gov.uk/eucitizens/
Posted: Tue Jun 14, 2011 1:48 pm
by andrej
fysicus wrote:I suppose your Residence Card was issued on 14 August 2006 and you applied for it a few months earlier, so it seems likely that you already qualify for Permanent Residence. If so, then you have already acquired it automatically.
When you apply for confirmation of your PR (by EEA4 form) you will get a Certificate of Application (similar to what you must have received in 2006 as well) explicitly confirming your right to work pending the processing of your application. If you send in the EEA4 before the end of June, you should get the CoA well before the 14th of August. The processing time of EEA4 applications is nowadays a bit better than the 6 months (maximum allowed by the law), approximately 4 months or so is a realistic expectation.
You can always point to the guidance on the UKBA website or UK Visas:
http://www.ukvisas.gov.uk/en/howtoapply ... snationals and
http://www.ukba.homeoffice.gov.uk/eucitizens/
Thanks fysicus, I know I could apply now but going on a short holiday so will only apply mid July... the wife is demanding a holiday and she deservs it. Thanks anyhow.
Posted: Tue Jun 14, 2011 3:44 pm
by andrej
I just had an idea...
The EEA stamp in my passport says:"A right of residence in the UK as family member... is hereby given until 14th August 2011."
but
the accompanying letter that came with the passport stamp has no end date but just the stamp of the date it was given: 15 August 2006. Can I use this letter to support my situation if the employer asks about my passport?
