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Initial right to work for a non-eea family member

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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shanade
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Joined: Sat Oct 30, 2010 12:11 pm
Location: london

Initial right to work for a non-eea family member

Post by shanade » Tue Jun 28, 2011 6:44 pm

I was hoping someone here could explain to me the initial first steps of the surinder singh route to family reunification.

I am a UK citizen born to an english mother and irish father.
I have had an irish passport since before i even met my now husband
I have however NEVER lived outside the UK and so according to the McCarthy judgement I could not be classed as an Irish national in the UK under free movement as I have never lived or moved anywhere.

Anyhow my husband is an Egyptian national together since 2006 married in UK in 2008.

We are considering travelling to Italy from Egypt which is where we are based at the moment.

We've read online that a non-eea national family member has the right to work in the first three months of being in the 'host' country,

But what I can't grasp clearly is whether we can apply for anything at all before I the eu national secures employment?

For instance it states that the issue of a residence card can take up to 6 months, and that in order to apply for this the eu national should be 'exercising treaty rights'

So in the initial stages of arriving in Italy or any other Eu state, if I myself am just job-hunting how does the non-eea family member acquire the right documentation to work?

Our aim is to move back to UK after I myself have completed 6 months employment in a member state, But it is the beginning of the process that I can't seem to find any information about.

I mean is everything 'on hold' so to speak until I myself find a job?
Or does the non-eea family member have the right to pursue economic activity? and if so which document does he have to get in order to prove to potential employers his right to work?

Many Thanks

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Jun 28, 2011 8:49 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jun 29, 2011 9:54 am

Do you want to go to Italy, or another EU member state, before moving to the UK?

Will you be working in the UK or Italy if you move there?

Do you have any connections to Ireland? Have you ever visited? Maybe even worked there in any capacity?

It is not clear you can not have your husband enter the UK on the basis of an Irish passport. You have had your Irish passport earlier, as you pointed out. And you might be working, which is different than Ms. McCarthy's case.

You could always apply for an EEA Family permit, get it, fight if you do not get it, and then move directly to the UK.

I personally would love to move to Italy for a while (once the summer is over), but...

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