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working while on family permit

Posted: Sun Jan 22, 2012 9:35 pm
by RIRI1
can a non-eea family member of working eea national work in uk while on family permit?
if yes , on what bases?
thanks

Posted: Sun Jan 22, 2012 10:58 pm
by Jambo
Do you mean that the non EU entered the UK with a EEA Family Permit? This "visa" allows the holder to work from day 1.

Re: working while on family permit

Posted: Mon Jan 23, 2012 1:10 am
by Directive/2004/38/EC
RIRI1 wrote:can a non-eea family member of working eea national work in uk while on family permit?
if yes , on what bases?
thanks
I think you will even find that the visa vignette in the passport explicitly says that work is allowed...

So long as the EU citizen is there, the family member has a full right to work.

Posted: Mon Jan 23, 2012 6:59 pm
by keffers
If the family member has obtained a permit on the basis of dependency, might earning too much remove dependency and thus the reason for the permit?

Posted: Mon Jan 23, 2012 7:14 pm
by Jambo
keffers wrote:If the family member has obtained a permit on the basis of dependency, might earning too much remove dependency and thus the reason for the permit?
But if the permit is cancelled, then he can't work and becomes a dependent again... Catch 22.

Dependent

Posted: Mon Jan 23, 2012 8:06 pm
by nonspecifics
I and others have discussed this situation before.

Usually, the family member would be expected to apply for a residence card after they come to the UK if they intended to stay here for a longer period of time than the date of expiration on the EEA Family Permit.

Regarding dependence,from memory, this is what I was told:

if a document has already been issued that confirmed a person is a dependent family member, then he remains a family member even if he then gets a job to support himself and does not continue to be financially dependent.

In other words, the dependence has to have been proved to have been real and recent, but it does not have to continue for the next five years.

If I remember right, other family members should remain part of the same household though.

Whereas, direct family members like children who are 21 or over don't have to remain part of the same household for the full five years; as long as they remain in the UK then it's ok.

Can someone confirm if that is correct?