Immigrationboards.com

Dear Sir/Madam

My question regards the 'Right to Work in the UK':

My partner will have a right to work based on an EEA Family Permit. However when this status is given, it remains valid for only 6 months, until it is renewed or until it becomes registered in the UK as a Residence Card (valid for 5 years). The UKFPO requires that right of work should be valid from 7th October 2011 until 1st August 2012 (approximately 10 months).

Is the family permit sufficient evidence for you for right to work in the UK? Even though it's validity is 6 months (stated), renewal and further registration is not subject to further objections, which will be extended on arrival to the UK.

Kind regards

Thank you for your email.

Applicants must submit evidence that their right to work is valid until 1 August 2012.

Whilst we appreciate that it is likely to be extended/renewed we will not be able to accept it, if it expires before this time.

In order to run a fair and national recruitment process we cannot make exceptions for individuals.

Best wishes

The Eligibility Team

Dear UKFPO

My query is a continuation of my earlier correspondence with you (shown below the email) regarding the 'right of work' in the UK for my wife.
I have consulted your previous response with immigration solicitors, and have been made aware that my wife (Belarusian national, Non-EU) has a 'right to work' in the UK based on her marriage to me (dual-British-Polish national) as I am also applying for the Foundation Programme 2012. This right is provided by European Law and further implemented into UK law.

The EEA Family Permit visa which has been issued to her is only valid for 6 months during which time it serves a purpose of Entry Clearance and evidence of her 'right to work', however once expired is does not revoke her 'right to work' in the UK and the UK Border Agency and the Home Office do not require her to provide documentation or register for a Residence Card in order to grant or extend her a 'right of work'. Therefore it is up to the employer to recognize this 'right to work' by virtue of being a family member of a EU national coming to work in the UK under European Law Directive/2004/38/EC. This can be validated by contact with either the UK Border Agency or the Home Office.

From what I understand, the 'right of work' is required for the UKFPO to validate that an applicant is eligible to accept offers of employment for the FY1 posts, and therefore avoiding situations where an applicant would be placed for an FY1 post, occupying the position and later causing problems by not having a 'right to work'. This not the case in our situation.

I urge you accept this information, which as mentioned before can be confirmed by either the UK Border Agency or the Home Office. Me and my wife are both applying for the Foundation Programme 2012 and it would be a very sad inconvenience and hindrance to her career if the UKFPO would reject her and she would have to wait an entire year to reapply for the FP2013.

I therefore hope that you would accept her current EEA Family Permit, our marriage certificate, my national identity documents and a declaration of my intent to travel and work with my wife for the entire time she is required to supply any evidence.

Thank you, I hope that you consider this information and I await your confirmation

Evidence of your right to work in the UK.

You must have the right to work in the UK as a doctor in training to be considered fully eligible for appointment to the National Foundation Programme. Proof that you have the right to work in the UK must remain valid until at least 1 August 2012, when the National Foundation Programme begins. If your visa page states family member of EEA National, you must provide a marriage certificate.

Non-EEA Citizens (excluding Swiss nationals) who have the right to work in the UK
I am a citizen of a country outside the EEA and have provided a photocopy of the front cover of my passport and the page(s) containing my personal details; including nationality, photograph, date of birth, signature, date of expiry and biometric detail plus ONE of the following:

* A photocopy of any passport page that indicates my visa status
* A photocopy of both sides (front and back) of the Biometric card issued by UK Border Agency showing that you have the right to work
* A photocopy of Home Office/UK Border Agency documents indicating that I have the right to work in the UK.

You can show them the Govt.'s business advice site which confirms your wife's right to work.

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

Maybe you can refer them to:

Sponsorship and Employers helpline: tel: 0300 123 4699 so they can confirm that your wife does not need any permission to work.

If you are on the Foundation Programme are you working? Or self-sufficient student?

Did you try to talk with the UKFPO over the phone? as the exchange of emails could last for ever without any positive outcome.

I would also call the UKBA Employer helpline and ask for their advice. You can then write in the letter that you spoke to the Home Office and they confirmed that she is not legally required to obtain proof of her right to work in the UK.

Not sure I got the correct application form but the Eligibility Application Form states:

I wish I could, however they dont provide any contact details for a phone conversation. I believe that they would be jammed by a huge surge of phone calls from various applicants all over the world, who wish to come and work as doctors in the UK.

Szmek wrote:- a letter of declaration that I am also applying for the UK Foundation Programme 2012 and will be accepting offers of employment and hopefully starting work at the same as she is

Directive/2004/38/EC wrote:When there are problems, this is the sort of thing it is very useful to get Solvit involved with: http://eumovement.wordpress.com/help-eu-solvit/

But be warned, they have no ability to force change, and they can be slow (10 weeks?), and sometimes they do not seem to want to get involved.

Directive/2004/38/EC wrote:My understanding is as follows...

Degrees done within Europe should always be recognized in other member states. Degrees from other places may or may not be recognized.

And Eu citizens and their non-EU family members should always be able to work and participate if their degrees are recognized.

But if an EU or a non-EU family member of an EU gets a degree from an otherwise unknown school in lower slabonia (or where-ever), then then it depends a lot on whether the program is recognized.

nonspecifics wrote:Apologies if going off the original thread slightly.

Not sure if this is of any use, but

The Open University in the UK has a website page where you can check all the worldwide academic institutions which they recognise offer an approved standard of teaching for previous study accreditation to their degree courses.

I don't know if other UK organisations work from that same list, but anyway,

Find it here: http://www3.open.ac.uk/credit-transfer/ ... index.shtm

toabetterchange wrote:Does this mean that the recognition of qualifications may or may not be recognised in the first country you enter, but it may be recognised in a second country?

Directive/2004/38/EC wrote:Ok, I think I understand how this works.

Lets say you study and qualify as a doctor in some obscure training program in Singapore. You then move to the UK with your EU citizen partner or spouse.

On arrival in the UK, you go to work and jump through all the hoops to have your doctor qualifications recognized by the UK. You may have luck and they specifically know about the particular training program in Singapore that you did. At this stage there is no special preference given to your out-of-EU qualifications, but you can legally reside and work in general in the UK, and you have full access to post-study training that you need to do in the UK. You become a full Doctor in the UK.

Now, for some crazy reason you decide to leave the UK for the sunny riots of Greece, along with your EU citizen partner. At this point the Directive you linked to means that the UK recognition of your qualifications, also applies in Greece. You do not need to go through a full recognition of your Singapore studies. They are required to recognize your UK status, even if they have never heard about the original Singapore place you studied.

This is at least the general idea. There may be things incorrect in what I just wrote, but it gives a broad picture of the intent.

Make sense and agree with what you understand?

toabetterchange wrote: One problem here I was reading: Overseas student rates would be applicable to most candidates unless they have lived in the UK for a number of years. ??

toabetterchange wrote:Registration with the General Dental Council depends upon certain criteria.

Exempt persons(family members of EEA) or UK nationals with enforceable community rights who have qualified overseas and whose qualification has not been accepted in another EEA Member State. The GDC can only register an individual whose basic dental training meets relevant European standards.

That is the category I fall , I need to wait for the answer for 3 months and send them translations of my studies from all the degree :? , we will see..

Directive/2004/38/EC wrote:Ok, I think I understand how this works.

Lets say you study and qualify as a doctor in some obscure training program in Singapore. You then move to the UK with your EU citizen partner or spouse.

On arrival in the UK, you go to work and jump through all the hoops to have your doctor qualifications recognized by the UK. You may have luck and they specifically know about the particular training program in Singapore that you did. At this stage there is no special preference given to your out-of-EU qualifications, but you can legally reside and work in general in the UK, and you have full access to post-study training that you need to do in the UK. You become a full Doctor in the UK.

Now, for some crazy reason you decide to leave the UK for the sunny riots of Greece, along with your EU citizen partner. At this point the Directive you linked to means that the UK recognition of your qualifications, also applies in Greece. You do not need to go through a full recognition of your Singapore studies. They are required to recognize your UK status, even if they have never heard about the original Singapore place you studied.

This is at least the general idea. There may be things incorrect in what I just wrote, but it gives a broad picture of the intent.

Make sense and agree with what you understand?