Non EU with Polish wife who live in Poland and moving to UK

[Blackeagle48]

Hi all,

I am non-EU family Member(Turkish) and have Polish wife since March 2013(arround 2.5 year). We married in Poland. living together and working in Poland as well. I applied Polish temporary resident for a year, then I got for 2 years and I will (probably) get Polish permanent resident card in March 2016.

My wife`s parents live in UK for 8 years but they don`t hold UK passport / PR. Previously, I applied and got EEA family permit visa (Based on marriage and travelling together with wife) in order to visit my wife`s family. We would like to move to UK in September 2016.

So my question is,

1-) Is that possible that I can get EEA family permit visa again in September 2016 and move to UK with my wife, then apply for resident card? We will move to her parent`s home, then she ll look for job. Does she need to work some period of time or need to has job contract etc. before my resident card application?

Can you please advise?

Thank you in advance.

[too old]

She needs to exercise treaty rights in UK for you to be Able to apply RC in Uk

Treaty rights exercise methods can be work part tile or full time
Being a student
Enough savings in the bank account
Self employed and doing her businesses which can be anything

[Blackeagle48]

Thanks for the reply.

So, if she start working lets say through an agency in September 2016, after few weeks, would I be able to apply for RC?

just an example: few tousand pound on the bank account would be considered? Also we won`t pay rent etc. Her parents have big house so at the beginning we wanna stay with parents. They are both working in UK so if they would write a letter that they ll be sponsor for me etc.

Sorry for too many questions. Many thanks in advance

[noajthan]

Hi all,

I am non-EU family Member(Turkish) and have Polish wife since March 2013(arround 2.5 year). We married in Poland. living together and working in Poland as well. I applied Polish temporary resident for a year, then I got for 2 years and I will (probably) get Polish permanent resident card in March 2016.

My wife`s parents live in UK for 8 years but they don`t hold UK passport / PR. Previously, I applied and got EEA family permit visa (Based on marriage and travelling together with wife) in order to visit my wife`s family. We would like to move to UK in September 2016.

So my question is,

1-) Is that possible that I can get EEA family permit visa again in September 2016 and move to UK with my wife, then apply for resident card? We will move to her parent`s home, then she ll look for job. Does she need to work some period of time or need to has job contract etc. before my resident card application?

Can you please advise?

Thank you in advance.

1) Yes just apply for FP & come with or to join spouse in UK.

No need for spouse to have work for 1st 3 months.
No need to show savings or have/show any contract (& no language or health test etc is required).

Welcome aboard!

PS FP should not be required if you have an Article 10 / 20 type card from a.n.other EU country.

PPS Parents in law may like to think about getting their 'confirmation of PR' cards sorted out sometime soon.

[Blackeagle48]

Thanks Noajthan,

I will remind to parents in law abut PR.

Can you please tell me more about Article 10 / 20 type card?(or can you share a link?)

Official Polish migration website says`` A permanent residence permit entitles the foreigner to travel to other Schengen Area countries for up to 90 days in a 180-day period for tourism purposes (which countries belong to the Schengen Area ->?). ``

Here is link in English http://www.migrant.info.pl/permanent-re ... ermit.html

As regards to EEA RC application, https://www.gov.uk/family-permit/docume ... st-provide

``You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:(So does it mean that my wife needs to have PRR or one of the following? or it means that being in UK less than 3 months so nothing required which`s written here?)

working, eg employment contract, wage slips, letter from employer
self-employed, eg contracts, invoices, or audited accounts with bank statements, and paying tax and National Insurance
studying, eg letter from the school, college or university
financially independent, eg bank statements``

Thanks,

[noajthan]

Thanks Noajthan,

I will remind to parents in law abut PR.

Can you please tell me more about Article 10 / 20 type card?(or can you share a link?)

Official Polish migration website says`` A permanent residence permit entitles the foreigner to travel to other Schengen Area countries for up to 90 days in a 180-day period for tourism purposes (which countries belong to the Schengen Area ->?). ``

Here is link in English http://www.migrant.info.pl/permanent-re ... ermit.html

As regards to EEA RC application, https://www.gov.uk/family-permit/docume ... st-provide

``You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:(So does it mean that my wife needs to have PRR or one of the following? or it means that being in UK less than 3 months so nothing required which`s written here?)

working, eg employment contract, wage slips, letter from employer
self-employed, eg contracts, invoices, or audited accounts with bank statements, and paying tax and National Insurance
studying, eg letter from the school, college or university
financially independent, eg bank statements``

Thanks,

Article 10/20 cards

On 16 March 2015, the Immigration (European Economic Area) (Amendment) Regulation 2015 SI No 694 were laid before Parliament and will come into force on 6 April.

The effect of these amendments will be that, from 6 April 2015, EEA Family Permits will no longer be required in circumstances where a valid residence card issued under Article 10 of the Directive is held by a non-EEA national accompanying or joining an EEA national exercising free movement rights in the United Kingdom.

See https://blogs.kent.ac.uk/eu-rights-clin ... april-2015

Once in UK
For first 3 months in UK you don't need to show anything from the list you quoted.

Once in UK you/your wife has a 3 months 'grace period' to settle down.
After 3 months your wife (sponsor) needs to be exercising treaty rights (until she has PR in UK already).

[Blackeagle48]

Thank you so much noajthan again! This helped much

A last question,

``Once in UK you/your wife has a 3 months 'grace period' to settle down.
After 3 months your wife (sponsor) needs to be exercising treaty rights (until she has PR in UK already).``

In this first 3 months ``Grace period`` means I need to wait and cannot apply for RC until my wife (sponsor) needs to be exercising treaty rights ?

or I can come to UK and I can apply for RC straight away without exercising treaty rights by my wife in this grace period in order to receive a RC then after 3 months my wife needs be exercising treaty rights?

I am asking this cos at the moment I am working as senior financial analyst for one of the most known global company and that would be really hard for me to just sit at home for 3 months

Thanks a lot,

Happy new year!

[Blackeagle48]

Thank you so much noajthan again! This helped much

A last question,

``Once in UK you/your wife has a 3 months 'grace period' to settle down.
After 3 months your wife (sponsor) needs to be exercising treaty rights (until she has PR in UK already).``

In this first 3 months ``Grace period`` means I need to wait and cannot apply for RC until my wife (sponsor) needs to be exercising treaty rights ?

or I can come to UK and I can apply for RC straight away without exercising treaty rights by my wife in this grace period in order to receive a RC then, after 3 months my wife needs be exercising treaty rights?

I am asking this cos at the moment I am working as senior financial analyst for one of the most known global company and that would be really hard for me to just sit at home for 3 months

Thanks a lot,

Happy new year!

Or I can show up to 20 tosand GBP on the account

or My company can route me or I can get capaital from my family in Turkey, just i never can be a prisoner of someone, I never stay disposal of Polish in the market... ( , I love my wife...

So please advise me, i really need it? UK is not my final destination, however, I can do it for my wife/parents in love, I also love Brisitsh as a Turkish...

[noajthan]

Thank you so much noajthan again! This helped much

A last question,

``Once in UK you/your wife has a 3 months 'grace period' to settle down.
After 3 months your wife (sponsor) needs to be exercising treaty rights (until she has PR in UK already).``

In this first 3 months ``Grace period`` means I need to wait and cannot apply for RC until my wife (sponsor) needs to be exercising treaty rights ?

or I can come to UK and I can apply for RC straight away without exercising treaty rights by my wife in this grace period in order to receive a RC then, after 3 months my wife needs be exercising treaty rights?

I am asking this cos at the moment I am working as senior financial analyst for one of the most known global company and that would be really hard for me to just sit at home for 3 months

Thanks a lot,

Happy new year!

Or I can show up to 20 tosand GBP on the account

or My company can route me or I can get capaital from my family in Turkey, just i never can be a prisoner of someone, I never stay disposal of Polish in the market... ( , I love my wife...

So please advise me, i really need it? UK is not my final destination, however, I can do it for my wife/parents in love, I also love Brisitsh as a Turkish...

You can apply for a RC as soon as sponsor (spouse) becomes a qualified person (eg working) in UK.
If that happens before 3 months in UK then that is fine.

See https://www.gov.uk/apply-for-a-uk-resid ... ligibility

A RC is optional, it doesn't grant you any rights here (eg right to work); a RC simply confirms them.

So you don't have to have a RC but some (most) employers will not employ someone without one;
this is because they are at risk under UK law if they employ illegal workers.

[Blackeagle48]

A RC is optional, it doesn't grant you any rights here (eg right to work); a RC simply confirms them.

So you don't have to have a RC but some (most) employers will not employ someone without one;
this is because they are at risk under UK law if they employ illegal workers.

Hi noajthan,

Thanks a lot again for this info.

So, what I understood from this that even if I come to UK with EEA FP visa(with my spouse as well), I can take a job legally as I have this rights from my spouse first 3 months without any requirements but After 3 months my wife (sponsor) needs to be exercising treaty rights. however'RC for me is just optional.

Sorry again having disturbed you but,

1-) shall I ask, what are my rights then? If I can take a job legally, how can I proof my rights to employers in the beginning?(Need to have stamp or some kind of confirmation?)

2-) What if my spouse(sponsor) won`t be able to exercise treaty rights? That I will have to leave the UK or still she can try to meet requirements and in the mean time I can also work?

3-) in good scenario,
One in UK I can work legally and she also started to be to be exercising treaty rights in first 3 months, what will be the next step? Is there any permit that I need to apply then as FP Visa ll expire after 6 months.


Thank you in advance.